Turcios-Montufar

MEMORANDUM **

The BIA concluded that Turcios-Montufar’s past contacts with the guerillas were not motivated by one of the five factors under the INA. 1 Rather, it found that the guerillas acted solely out of a desire to obtain information about the highway system. Substantial evidence supports this finding. 2 Turcios-Montufar testified that the guerillas were interested in her because “[t]hey wanted information about the highway department and also the party.” She also testified that the guerillas “thought they could use me as an informant to get information about the government’s plans.” There is no compelling evidence that shows the guerillas harmed Turcios-Montufar on account of her political opinions.

The BIA further concluded that Turcios-Montufar failed to prove that she had a well-founded fear of future persecution in Guatemala. Substantial evidence supports this finding. Turcios-Montufar testified that her parents, including her father, still live in Guatemala, as do her four brothers and sisters, and her daughter. The BIA correctly stated that “[t]he fact that the [Turcios-Montufar’s] family, particularly her father who was the focus of the guerillas’ inquiries, is…