Machic

Machic v. Ashcroft

Good Law
94 F. App'x 596
United States Court of Appeals for the Ninth CircuitApril 7, 2004No. 02-73109; Agency No. A70-642-307California635 words

Opinion

Lead Opinion

MEMORANDUM *

Juan Luis Siquina Machic, a native and citizen of Guatemala, appeals the Board of Immigration Appeals’ (“BIA”) summary affirmance of the Immigration Judge’s (“IJ”) decision denying him asylum, withholding of removal, and relief under the United Nations Convention Against Torture (“CAT”). 1 We review the BIA’s decision for substantial evidence, reversing only if the evidence not only supports a contrary conclusion, but compels it. INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S. Ct. 812 , 117 L.Ed.2d 38 (1992); Baballah v. Ashcroft, 335. F.3d 981, 987 (9th Cir. 2003). Because the decision is solidly supported by substantial evidence, a contrary result is not compelled and we affirm the BIA.

To establish eligibility for asylum, Machic must show past persecution or a well-founded fear of future persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. 8 U.S.C. § 1101 (a)(42)(A); Rostomian v. INS, 210 F.3d 1088, 1089 (9th Cir.2000).

Under Elias-Zacarias , the guerrillas’ conscription efforts and threats against Machic do not constitute past persecution. 502 U.S. at 482 . Similarly, Machic’s claim that the…

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