Barillas

Barillas v. Ashcroft

Good Law
96 F. App'x 487
United States Court of Appeals for the Ninth CircuitApril 26, 2004No. 02-72025California502 words

Opinion

Lead Opinion

MEMORANDUM **

Edgar Ruben Serrano Barillas, his wife, and three children, all natives and citizens of Guatemala, petition pro se for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of an Immigration Judge’s (“IJ”) denial of their application for asylum and withholding of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for substantial evidence, see Meza-Manay v. INS, 139 F.3d 759, 762 (9th Cir.1998), and we deny the petition for review.

We conclude that the IJ properly ruled that, because Serrano Barillas was an officer in the intelligence wing of the Guatemalan army, any violence or threats he suffered at the hands of the guerrillas was job-related and not a ground for asylum. See Cruz-Navarro v. INS, 232 F.3d 1024, 1029 (9th Cir.2000) (“Persecution occurring because a person is a current member of a police force or the military, however, is ‘not on account of one of the grounds enumerated in the Act.’ ”); see also Arriaga-Barrientos v. INS, 937 F.2d 411, 414 (9th Cir.1991) (holding that membership in armed services is not an automatic ground for asylum and that the military “is not a social group qualifying its servicemen or former…

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