Garcia

Garcia v. Immigration & Naturalization Service

Good Law
46 F. App'x 583
United States Court of Appeals for the Ninth CircuitSeptember 20, 2002No. 02-70103; INS No. A70-916-529California326 words

Opinion

Lead Opinion

MEMORANDUM **

José Israel Garcia, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) dismissal of his appeal from an immigration judge’s denial of his applications for asylum and withholding of deportation. We have jurisdiction under 8 U.S.C. § llOSaCa). 1 We review for substantial evidence and will reverse the BIA’s determination only if the petitioner shows that the evidence compels such a result. Sangha v. INS, 103 F.3d 1482, 1487 (9th Cir.1997). We deny the petition.

The harassment Garcia allegedly received from guerillas on account of his military service was limited to vague and unfulfilled threats, and therefore does not compel a fact-finder to conclude that such treatment rose to the level of persecution. See Lim v. INS, 224 F.3d 929, 936 (9th Cir.2000) (holding that threats standing alone generally do not constitute past persecution). Garcia’s fear of future persecution is not objectively well-founded because he did not adduce “credible, direct, and specific evidence in the record, of facts that would support a reasonable fear of persecution.” Arriaga-Barrientos v. INS, 937 F.2d 411, 413 (9th Cir.1991).

Because Garcia…

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