Mendez-Hernandez

Mendez-Hernandez v. Immigration & Naturalization Service

Good Law
32 F. App'x 881
United States Court of Appeals for the Ninth CircuitMarch 21, 2002No. 00-71014; I & NS No. A72-669-600California642 words

Opinion

Lead Opinion

MEMORANDUM **

Maynor Samuel Mendez-Hernandez, a native and citizen of Guatemala, petitions this court for review of the final order of the Board of Immigration Appeals (“BIA”) denying his application for a stay of deportation and political asylum. The petition is denied.

Petitioner testified before the Immigration Judge (“IJ”) that in 1988 he had an encounter with four strangers who tried to recruit him to join the guerillas. He had no further face to face encounters, but testified that about three months after his first encounter with the persons he believed to be guerillas, some guerillas visited his house while he was not there, and told his mother that they would kill petitioner if he reported the guerillas’ visit to government agents. In 1991, petitioner left the family farm and entered the United States without inspection. After he fled Guatemala, guerillas again visited Petitioner’s house to look for him.

Petitioner testified that he feared harm from the guerillas because he had been a member of the civil patrol, serving without arms or a uniform, one night a month. Mendez-Hernandez presented no evidence *882 that the guerillas knew that he was a member of the civil…

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