Moreno

Moreno v. Immigration & Naturalization Service

Good Law
8 F. App'x 685
United States Court of Appeals for the Ninth CircuitApril 18, 2001No. 00-70378; INS No. A29-679-165California337 words

Opinion

Lead Opinion

MEMORANDUM **

Jose Ruben Moreno, native and citizen of El Salvador, petitions for review of a final decision of the Board of Immigration Appeals (“BIA”) dismissing his appeal of an immigration judge’s denial of his applications (“IJ”) for asylum and withholding of deportation. Pursuant to the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRIRA”), the transitional rules apply, see Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997), and we therefore have jurisdiction under 8 U.S.C. § 1105a(a), see Avetovo-Elisseva v. INS, 213 F.3d 1192 , 1195 n. 4 (9th Cir.2000). We deny the petition for review.

Where the BIA, as in this case, reviews the IJ’s decision de novo, we are limited to reviewing the decision of the BIA. Acewicz v. INS, 984 F.2d 1056, 1059 (9th Cir.1993). We review for substantial evidence the factual findings underlying the BIA’s denial of petitioner’s asylum claim, and will uphold them unless the evidence compels a contrary result. INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992).

Because petitioner failed to demonstrate that he suffered past persecution on account of his political opinion, see Arriaga-Barrientos…

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