Berganza

Berganza v. Ashcroft

Good Law
56 F. App'x 339
United States Court of Appeals for the Ninth CircuitFebruary 13, 2003No. 02-70490; INS No. A72-518-817California414 words

Opinion

Lead Opinion

MEMORANDUM ***

Luis Estuardo Berganza, a native and citizen of Guatemala, petitions pro se for review of the decision of the Board of Immigration Appeals (“BIA”) dismissing his appeal from an immigration judge’s (“IJ”) order denying his application for asylum and withholding of removal and request for relief under the United Nations Convention against Torture (the “Convention”). We have jurisdiction pursuant to 8 U.S.C. § 1252 (b). See Castro-Espinosa v. Ashcroft, 257 F.3d 1130 , 1131 n. 1 (9th Cir.2001) (order). We deny the petition.

We review the BIA’s factual findings, including whether a petitioner has demonstrated past persecution or a well-founded fear of future persecution, for substantial evidence, and we uphold the BIA ruling unless the evidence compels a contrary result. Pedro-Mateo v. INS, 224 F.3d 1147,1150 (9th Cir.2000).

Substantial evidence supports the BIA’s conclusion that the guerillas’ harassment of Berganza, if any, was on account of his family’s wealth or their recruitment efforts, neither one of which constitutes a protected ground. See Li v. INS, 92 F.3d 985, 987 (9th Cir.1996) (low economic status does not constitute a social group for asylum purposes);…

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