Estrada
Estrada v. Ashcroft
Opinion
Lead Opinion
MEMORANDUM *
Maria Antonia Herrera Estrada, a native and citizen of Guatemala, petitions for review of the decision of the Board of Immigration Appeals (“BIA”) summarily affirming the immigration judge’s (“IJ”) denial of asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review the IJ’s factual findings under the substantial evidence standard. INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). We deny the petition for review.
Herrera Estrada testified that anti-government guerrillas attempted to recruit her, and pushed her against a wall, where she hit her head, when she refused to join them. Although Herrera Estrada did suffer some harm, she failed to present sufficient evidence to compel a finding that the harm she suffered rose to the level of persecution. See e.g. Hoxha v. Ashcroft, 319 F.3d 1179, 1182 (9th Cir.2003) (holding that harassment, threats, and one beating did not constitute persecution); Prasad v. INS, 47 F.3d 336, 339-40 (9th Cir.1995) (holding that minor abuse during brief detention did not compel finding of past persecution).