Libiran

MEMORANDUM ***

Rodolfo S. Libiran, a native and citizen of the Philippines, petitions for review of the Board of Immigration Appeals’ summary affirmance of his appeal from an Immigration Judge’s denial of his applications for asylum, withholding of removal, and voluntary departure. We have jurisdiction pursuant to 8 U.S.C. § 1105a(a). See Kalaw v. INS, 133 F.3d 1147, 1152 (9th Cir.1997). We review for substantial evidence. See Prasad v. INS, 47 F.3d 336, 339 (9th Cir.1995). We deny in part and dismiss in part the petition for review.

Libiran testified he fears returning to the Philippines after a comrade of his in the New People’s Army had been captured and tortured by Philippine authorities and likely had revealed the names of Libiran and his other comrades. In support of his application he submitted a “hit list.” The IJ correctly noted that the hit list document pre-dated the capture of his comrade, had his true name, which he never told his comrade, and appeared more like a reward list. The hit list was the only evidence offered to show likelihood of future persecution.

Because the record does not compel the conclusion that Libiran had a well-founded fear of persecution on…