Vivar-Martinez
Vivar-Martinez v. Ashcroft
Opinion
Lead Opinion
MEMORANDUM **
Hilda Elizabeth Vivar-Martinez, a native and citizen of Guatemala, petitions *246 for review of the Board of Immigration Appeals’ (“BIA”) order affirming an immigration judge’s decision denying her application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence factual determinations concerning a petitioner’s eligibility for asylum, and must uphold them unless the evidence compels a contrary result. INS v. Elias-Zacarias, 502 U.S. 478 , 481 & n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). We deny the petition.
At her removal hearing, Vivar-Martinez testified that in 1989, guerrillas kidnaped her father and brother in an attempt to recruit them, killed her brother who tried to defend her father, and severely beat Vivar-Martinez. Vivar-Martinez provided no evidence, however, that the guerrillas’ were motivated by an enumerated ground. Accordingly, substantial evidence supports the BIA’s decision that Vivar-Martinez failed to establish eligibility for asylum. See id. at 483-84 (holding that forced recruitment without more is insufficient to establish persecution on account of political opinion).