Perez-Baten

Perez-Baten v. Ashcroft

Good Law
62 F. App'x 809
United States Court of Appeals for the Ninth CircuitApril 17, 2003No. 02-71720; INS Nos. A70-789-814, A73-936-285California367 words

Opinion

Lead Opinion

MEMORANDUM **

Jonas Yuri Perez-Baten, and Griselda Carolina De Leon-Perez, husband and wife, natives and citizens of Guatemala, petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s decision denying 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). To establish eligibility for asylum a petitioner must show persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. 8 U.S.C. § 1101 (a)(42)(A).

Substantial evidence supports the BIA’s conclusion that the guerillas attempted to forcibly recruit Perez-Baten because of his knowledge and military *811 training, and not on account of a protected ground. Cf. INS v. Elias-Zacarias, 502 U.S. 478 , 483 n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38…

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