Valle

Valle v. Ashcroft

Good Law
52 F. App'x 969
United States Court of Appeals for the Ninth CircuitDecember 11, 2002Nos. 02-70476, INS A76-728-658California343 words

Opinion

Lead Opinion

MEMORANDUM **

Rufino Valle petitions for review of a final order of the Board of Immigration Appeals (“BIA”) dismissing his appeal of an immigration judge’s denial of his application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 , and we deny the petition.

Valle contends that he has demonstrated a well-founded fear of persecution on account of political opinion. We must uphold the BIA’s decision unless the evidence presented by Valle “is such that a reasonable *970 fact-finder would be compelled to conclude that the requisite fear of persecution existed.” See Khourassany v. INS, 208 F.3d 1096, 1100 (9th Cir.2000) (citing INS v. Elias-Zacarias, 502 U.S. 478 , 481 n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992)).

Accepting as true Valle’s testimony regarding his experiences with guerrillas in Guatemala, we conclude that he has not met this standard. See Singh v. Ilchert, 63 F.3d 1501, 1506 (9th Cir.1995) (petitioner’s testimony accepted as true where BIA left the immigration judge’s positive credibility determination undisturbed). In 1986, guerrillas threatened Valle and assaulted his common-law wife. But Valle presented no evidence that the…

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