Mondragon-Hernandez

Mondragon-Hernandez v. Immigration & Naturalization Service

Good Law
11 F. App'x 911
United States Court of Appeals for the Ninth CircuitMay 2, 2001No. 97-71220; INS No. A70-347-331California965 words

Opinion

Lead Opinion

MEMORANDUM **

Luis Mondragon-Hernandez (“Mondragon-Hernandez”), a native and citizen of Colombia, petitions for review of the decision of the Board of Immigration Appeals (“BIA”) denying his request for asylum and withholding of deportation. Because the parties are familiar with the factual and procedural history of this case, we do not recount it here except as necessary to explain our disposition. We have jurisdiction under § 106 of the Immigration and Nationality Act, 8 U.S.C. § 1105a(a), and we deny the petition for review.

1. Substantial evidence supports the Board’s finding that Mondragon-Hernandez was neither persecuted, nor has the requisite fear of persecution, on account of his actual political opinion. Mon-dragon-Hernandez contends that the N-19 guerrillas attempted to recruit him, and that he, an opponent of their violence, fled in fear of their reprisal. The only evidence in the record of Mondragon-Hernandez’s actual opinion are his statements that (1) he does not “like parties like [the N-19]” and never considered joining them and (2) he does not agree with the N-19 as a political group. However, there is no evidence that the N-19 was aware of an actual political…

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