Luis Alberto MONTOYA-ULLOA, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent

Luis Alberto Montoya-Ulloa, a Nicaraguan national, appeals the decision of the Board of Immigration Appeals (“BIA”) affirming the denial of his application for asylum and withholding of deportation. Montoya argues, inter alia, that the evidence compels the eon-elusion that the Sandinistas persecuted him on account of his political opinion.

An alien seeking asylum based on past persecution must show that he was harmed on account of his race, religion, nationality, membership in a particular social group, or political opinion. See, e.g., Desir v. Ilchert, 840 F.2d 723, 727 (9th Cir.1988); 8 U.S.C. § 1101 (a)(42)(A). We review the decision of the BIA for substantial evidence. See INS v. Elias-Zacarias, 502 U.S. 478 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). The substantial evidence standard “requires that the BIA’s conclusion, based on the evidence presented, be substantially reasonable.” De Valle v. INS, 901 F.2d 787, 790 (9th Cir.1990).

The record establishes that Montoya was harassed, threatened and beaten by the Sandinista Youth, a group that was recognized and sponsored by the Sandinista government, for his political opinion as expressed through his activities with the…