Jose Orlando Hernandez-Zelaya v. Immigration and Naturalization Service

79 F.3d 1153 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Jose Orlando HERNANDEZ-ZELAYA, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 94-70521. United States Court of Appeals, Ninth Circuit. Submitted March 7, 1996. * Decided March 13, 1996. Before: BROWNING, WALLACE, and FARRIS, Circuit Judges. 1 MEMORANDUM ** 2 Jose Orlando Hernandez-Zelaya petitions for review of the dismissal of his appeal by the Board of Immigration Appeals. We deny the petition for review. 3 The BIA concluded that Hernandez-Zelaya failed to establish past persecution, or a well-founded fear of persecution, on account of any of the grounds for which asylum may be granted or deportation withheld. See 8 U.S.C. §§ 1158 (a) and 1253(h). Hernandez-Zelaya claims that Salvadoran guerrillas kidnapped, beat, and threatened him. He asserts that this persecution was on account of his political opinion. 4 Even if we assume that Hernandez-Zelaya's testimony about his…