Hernandez

Hernandez v. Ashcroft

Good Law
56 F. App'x 390
United States Court of Appeals for the Ninth CircuitFebruary 19, 2003No. 02-70715; INS No. A72-519-263California284 words

Opinion

Lead Opinion

MEMORANDUM **

Carlos Rolando Munoz Hernandez (“Munoz”), a native and citizen of Guatemala, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal of an immigration judge’s (“IJ”) denial of his application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 , and we deny the petition.

We review the BIA’s factual determinations for substantial evidence, and we must uphold its decision unless Munoz shows that the evidence not only supports reversal, but compels it. See Pedro-Mateo v. INS, 224 F.3d 1147, 1150 (9th Cir.2000) *391 (quoting INS v. Elias-Zacarias, 502 U.S. 478 , 481 n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992)).

Because Munoz presented no evidence that guerillas attempted to recruit him based on his actual or imputed political beliefs, substantial evidence supports the BIA’s determination that he failed to establish past persecution or a well-founded fear of future persecution on account of political opinion. See Pedro-Mateo, 224 F.3d at 1151 (citing Elias-Zacarias, 502 U.S. at 482-83 , for the proposition that a guerilla organization’s attempts to forcibly recruit a person are insufficient to…

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