Calderon-De Leon v. Immigration & Naturalization Service

MEMORANDUM **

Abel Aristides Calderon De Leon (“Calderon”), a native and citizen of Guatemala, petitions 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 deportation. Because the transitional rules apply, see Kalaw v. INS, 133 F.3d 1147,1150 (9th Cir.1997), we have jurisdiction under 8 U.S.C. § 1105a(a). We deny the petition for review.

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

Because Calderon presented no evidence that guerillas kidnaped and forcibly recruited 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 (attempts to forcibly recruit are…