Luna-Castro

MEMORANDUM

Ricardo Luna-Castro (“Luna-Castro”) petitions for review of the decision of the Board of Immigration Appeals (“BIA”) denying his request for asylum and withholding of deportation. He argues the record compels the finding that he was persecuted on account of his actual and imputed political opinion. He also argues that the BIA erred, as a matter of law, in holding that he must prove a threat of country-wide persecution to be eligible for asylum. We have jurisdiction under § 106 of the Immigration and Nationality Act, 8 U.S.C. § 1105a(a). We grant the petition for review and affirm.

I. ACTUAL POLITICAL OPINION

Substantial evidence supports the BIA’s finding that Luna-Castro was not persecuted, and does not have the requisite fear of persecution, on account of his political opinion. The only evidence in the record of Luna-Castro’s actual opinion is his statement that he was a peaceful person and did not “want to help the guerrillas.” That Luna-Castro resisted or refused to assist the guerrillas does not, without additional support, provide sufficient evidence of a political opinion. See INS v. Elias-Zacarias, 502 U.S. 478, 482 , 112 S.Ct. 812 , 117 L.Ed.2d 38…