Alonzo-Baten

Alonzo-Baten v. Immigration & Naturalization Service

Good Law
52 F. App'x 913
United States Court of Appeals for the Ninth CircuitDecember 9, 2002No. 01-71318; INS No. A72 142 422California530 words

Opinion

Lead Opinion

MEMORANDUM **

*914 Miguel Alonzo-Baten is a native and citizen of Guatemala who entered the United States without inspection in 1992. He petitions for review of an order of the Board of Immigration Appeals (BIA) denying his application for asylum and withholding of deportation. Because deportation proceedings were commenced before April 1, 1997, and the final order was issued after October 30, 1996, we have jurisdiction pursuant to former 8 U.S.C. § 1105 (a), as amended by the transitional rules for judicial review in § 309(c)(4) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA). See Kalaw v. INS, 133 F.3d 1147, 1149-50 (9th Cir.1997). We deny the petition.

I

Substantial evidence supports the BIA’s determination that Alonzo-Baten failed to establish past persecution on account of political opinion. See INS v. Elias-Zacarias, 502 U.S. 478 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). While he credibly testified to his subjective belief that he was threatened by death squads, the record does not compel the conclusion that his fear was objectively reasonable. No threats were actually made, nor did the two men who visited his home carrying “traditional…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.