Zeferino Mendez-Gutierrez v. Alberto R. Gonzales, Attorney General

Zeferino Mendez-Gutierrez petitions for review of the Board of Immigration Appeals’ (Board) denial of his motion to reinstate his asylum application. The Board found that Mendez-Gutierrez had not established a prima facie case for asylum based on a well-founded fear of future persecution. We have jurisdiction pursuant to 8 U.S.C. § 1252 (a). We deny the petition for review.

I

Mendez-Gutierrez entered the United States at San Ysidro, California, on December 1, 1989. On February 10, 1997, he submitted an asylum application to the former Immigration and Naturalization Service. Mendez-Gutierrez stated that he was a member of the National Action Party (PAN) in Mexico and was persecuted by the Institutional Revolutionary Party (PRI), which was in power at the time.

Mendez-Gutierrez’s asylum application was referred to an immigration judge, and he was served with a Notice to Appear. During the hearing Mendez-Gutierrez, who was represented by counsel, admitted his removability, withdrew his asylum application, and requested cancellation of removal. The immigration judge held Mendez-Gutierrez removable and statutorily ineligible for both cancellation of removal and voluntary departure.…