Garcia-Barrientos

Garcia-Barrientos v. Ashcroft

Good Law
88 F. App'x 246
United States Court of Appeals for the Ninth CircuitFebruary 24, 2004No. 02-72508; Agency No. A74-318-308California280 words

Opinion

Lead Opinion

MEMORANDUM **

Carlos Arnoldo Garcia-Barrientos, a native and citizen of Guatemala, petitions for *247 review of the summary affirmance by the Board of Immigration Appeals of the denial of his application for asylum, 8 U.S.C. § 1158 (a), and withholding of deportation, 8 U.S.C. § 1253 (h). As this is a streamlined case, we review the decision of the IJ. 8 C.F.R. § 1003.1 (a)(7). We deny the petition.

We review the IJ’s decision to see if there is substantial evidence to support it. INS v. Elias-Zacarias, 502 U.S. 478, 483-84 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). This court can reverse the IJ’s factual findings only if “a reasonable factfinder would be compelled to find the petitioner eligible for the relief sought.” Gomez-Saballos v. INS, 79 F.3d 912 , 914 (9th Cir.1996).

Substantial evidence supports the IJ’s determination that Garcia-Barrientos failed to show past persecution on account of imputed political opinion. He was neither threatened nor harmed himself, and there is no compelling evidence that his father was kidnaped or threatened for any reason other than his access to weapons. See Sangha v. INS, 103 F.3d 1482, 1489-90 (9th Cir.1997) (explaining that an applicant…

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