Estrada

Estrada v. Ashcroft

Good Law
88 F. App'x 985
United States Court of Appeals for the Ninth CircuitMarch 5, 2004No. 02-71341; Agency No. A70-964-748California371 words

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).

Moreover, Herrera Estrada’s refusal to cooperate with the guerrillas is…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.