Pena

MEMORANDUM *

Gladys Liduvina Rodriguez Pena, a native and citizen of Guatemala, petitions for review of the decision of the Board of Immigration Appeals (“BIA”) affirming the immigration judge’s denial of asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review the BIA’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.

Rodriguez Pena contends that her evidence compels a finding that she suffered past persecution by anti-government guerrillas on account of imputed political opinion. We disagree.

Rodriguez Pena testified that guerrillas threatened her and her children with death if she did not convince her former companion, who was employed by the Guatemalan government as an air traffic controller, to work for them. Rodriguez Pena testified that the guerrillas wanted her companion to help them, but did not know what kind of help the guerrillas wanted. Rodriguez did not say anything to the guerrillas when they confronted her.

Rodriguez Pena’s refusal to cooperate with the guerrillas is insufficient to show that the threats…