Diaz-Marroquin

MEMORANDUM *

Abner Hiram Diaz-Marroquin (“Diaz”), a native and citizen of Guatemala, appeals from the decision of the Board of Immigration Appeals (“BIA”) affirming the immigration judge’s (“U”) denial of his application for asylum and withholding of deportation under 8 U.S.C. §§ 1158 (a) and 1253(h). Diaz contends that he has a *604 well-founded fear of future persecution on account of his anti-communist political opinion because members of a Guatemalan guerilla group threatened and shot at him. We have jurisdiction under 8 U.S.C. § llOSaCa). 1 We hold that Diaz is eligible for asylum, but affirm the BIA’s denial of withholding of deportation.

I. Asylum

The Attorney General may, in his or her discretion, grant asylum to an applicant determined to be a “refugee.” See 8 U.S.C. § 1158 (b); INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). Diaz contends that he qualifies for asylum because he has a well-founded fear of future persecution on account of his political opinion. See 8 C.F.R. § 208.13 (b). Thus, Diaz must establish that he has a fear of future persecution based on his political opinion, that there is a reasonable possibility of suffering…