Camposmena

Camposmena v. Immigration & Naturalization Service

Good Law
12 F. App'x 595
United States Court of Appeals for the Ninth CircuitJune 25, 2001No. 00-71193; INS No. A71-949-093California348 words

Opinion

Lead Opinion

MEMORANDUM **

Nelson Eduardo Campos-Mena, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision dismissing his appeal from an immigration judge’s denial of his application for asylum and withholding of deportation under 8 U.S.C. §§ 1158 (a) and 1253(h). We have jurisdiction under 8 U.S.C. § llOSa(a). 1 We deny the petition.

We review factual determinations, including whether a petitioner is eligible for asylum, under the substantial evidence standard. Acewicz v. INS, 984 F.2d 1056, 1061 (9th Cir.1993). We must uphold the BIA’s decision unless the evidence compels a contrary result. INS v. Elias-Zacarias, 502 U.S. 478 , 481 n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992).

Because the record does not compel the conclusion that Campos-Mena was persecuted or has a well-founded fear of persecution on account of actual or imputed political opinion, the BIA’s conclusion that he did not establish eligibility for asylum is supported by substantial evidence. See id. at 482-83 (holding that guerrillas’ forced recruitment is not persecution on account of political opinion unless the guerrillas acted “because of’ the applicant's…

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