Perez
Perez v. Immigration & Naturalization Service
Opinion
Lead Opinion
MEMORANDUM **
Flavio Silverio Perez, his common law wife Gloria Maria Lopez, and their son Miguel Perez-Lopez, natives and citizens of Peru, petition for review of the Board of Immigration Appeals’ (“BIA”) decision dismissing their appeal from an immigration judge’s (“IJ”) denial of their applications 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 pursuant to 8 U.S.C. § 1105a(a). We review for substantial evidence the IJ’s determination that an applicant has not established eligibility for asylum, and must uphold the IJ’s decision unless the evidence compels a contrary result. Sangha v. INS, 103 F.3d 1482, 1487 (9th Cir.1997). We deny the petition.
Perez presented evidence that Sendero Luminoso guerillas targeted him and his family because he was a successful businessman and because he refused to transport a package for the guerillas. However, neither Perez nor Lopez testified that they conveyed any religious or political opinion to the guerillas, see Alonzo v. INS, 915 F.2d 546, 548 (9th Cir.1990), and the record does not compel the conclusion that guerillas imputed any…