Mazariegos-Mendez

Mazariegos-Mendez v. Immigration & Naturalization Services

Good Law
52 F. App'x 375
United States Court of Appeals for the Ninth CircuitDecember 9, 2002No. 01-71906; INS No. A70-536-962California413 words

Opinion

Lead Opinion

MEMORANDUM **

Erwin Selvyn Mazariegos-Mendez petitions for review of a decision of the Board of Immigration Appeals (“BIA”) denying his application for asylum and withholding of removal. Because the parties are familiar with the facts and procedural history, we will not recount them here. We deny the petition for review.

Mazariegos bears the burden of showing eligibility for asylum, which includes demonstrating a well-founded fear of persecution on account of political opinion, race, nationality, religion, or membership in a particular social group. Duarte de Guinac v. INS, 179 F.3d 1156, 1159 (9th Cir.1999). This, in turn, requires Mazariegos to present some evidence of his persecutors’ motives, whether direct or circumstantial. INS v. Elias-Zacarias, 502 U.S. 478, 483 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992).

The record in this case provides substantial evidence in support of the BIA’s factual conclusions. Mazariegos offered no testimony that the guerrillas alluded to his political affiliation while attacking his friend, that they previously suspected his pro-government stance, or that they have targeted other similarly situated family members.

Mazariegos’ primary allegation…

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