Rodolfo Jose Zelaya-Lopez v. Immigration and Naturalization Service

Good Law
74 F.3d 1247·1996 U.S. App. LEXIS 39109
United States Court of Appeals for the Ninth CircuitJanuary 16, 199694-70721California711 words

Opinion

Opinion

74 F.3d 1247 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Rodolfo Jose ZELAYA-LOPEZ, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 94-70721. United States Court of Appeals, Ninth Circuit. Submitted Jan. 10, 1996. Decided Jan. 16, 1996. * Before: BROWNING, WRIGHT and CANBY, Circuit Judges. 1 MEMORANDUM ** 2 We deny Zelaya's petition for review of the BIA's rejection of his asylum application. 3 He argues that the BIA erred in finding that he did not have a well-founded fear of persecution. 1 As the BIA pointed out, however, he failed to demonstrate how his past experience with the Sandinistas gave rise to such a fear. Although the Sandinistas forced him to participate in risky helicopter missions, Zelaya has not shown that they selected him because of his political affiliation with the deposed Somoza regime. The Sandinistas required all men of Zelaya's age to serve in the military. It is just as likely that they selected him because he was one of…

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