Paradareyes

Paradareyes v. Immigration & Naturalization Service

Good Law
22 F. App'x 884
United States Court of Appeals for the Ninth CircuitDecember 28, 2001No. 00-71016; INS No. A72-011-078California287 words

Opinion

Lead Opinion

MEMORANDUM **

Daniel Agilio Parada-Reyes, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals (“BIA”) order dismissing his appeal of an immigration judge’s denial of his application for asylum and withholding of deportation. Because the transitional rules apply, we have jurisdiction pursuant to 8 U.S.C. § 1105 (a). Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997). We review the BIA’s decision for substantial evidence, Ochave v. INS, 254 F.3d 859, 862 (9th Cir.2001), and we deny the petition.

Parada-Reyes’ contention that he has a well-founded fear of persecution based on his desertion from the Salvadoran military lacks merit. The evidence presented does not compel the conclusion that ParadaReyes suffered past persecution or has a well-founded fear of future persecution on account of actual or imputed political opinion. See INS v. Elias-Zacarias, 502 U.S. 478 , 481 n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). Parades-Reyes’ further contention that he was denied due process because the BIA failed to consider evidence submitted at his deportation hearing also lacks merit. See Larita-Martinez v. INS, 220 F.3d 1092, 1095-96 (9th Cir.2000)…

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