Rodas

Rodas v. Ashcroft

Good Law
89 F. App'x 96
United States Court of Appeals for the Ninth CircuitFebruary 25, 2004No. 02-74133; Agency No. A76-847-641California326 words

Opinion

Lead Opinion

MEMORANDUM **

Gedwer J. Diaz Rodas, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ summary affirmance of an immigration judge’s (“U”) denial of his applications for asylum and withholding of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for substantial evidence the IJ’s determination that an applicant has not established eligibility for asylum, and we must uphold the decision unless the evidence compels a contrary result. Cordon-Garcia v. INS, 204 F.3d 985, 990 (9th Cir.2000). We deny the petition.

Diaz Rodas testified that he deserted from a military academy because he “did not like” the school and military discipline. Diaz Rodas also testified that shortly thereafter, guerillas kidnaped and attempted to recruit him because of his military experience, not because of his political opinion, real or imputed. Accordingly, the IJ’s determination that Diaz Rodas failed to establish eligibility for asylum is supported by substantial evidence. See Barraza Rivera v. INS, 913 F.2d 1443, 1450 (9th Cir.1990) (holding that requiring military service and punishing deserters does *97 not per se constitute persecution); INS…

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