Diaz-Castillo
Diaz-Castillo v. Ashcroft
Opinion
Lead Opinion
MEMORANDUM **
Omero Irael Diaz-Castillo, a native and citizen of Guatemala, petitions for review of an order of the Board of Immigration Appeals (“BIA”) dismissing his appeal from an Immigration Judge’s 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.
We review the BIA’s factual determinations for substantial evidence, and must uphold the BIA’s decision unless the evidence compels a contrary result. INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). Substantial evidence supports the BIA’s conclusion that Diaz-Castillo did not show persecution on account of imputed political opinion in light of his testimony that guerrillas beat him only because they were looking for his father. See Cruz-Navarro v. INS, 232 F.3d 1024, 1030 (9th Cir.2000).
Because Diaz-Castillo did not meet the standard for asylum, he could not satisfy the standard for withholding of deportation. See Li v. Ashcroft, 312 F.3d 1094, 1099 (9th Cir.2002).