Orozco

Orozco v. Ashcroft

Good Law
103 F. App'x 197
United States Court of Appeals for the Ninth CircuitJune 28, 2004No. 02-72079California421 words

Opinion

Lead Opinion

MEMORANDUM **

Luis Armando Rosales Orozco, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order affirming, without opinion, an immigration judge’s (“U”) denial of his application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the denial of asylum, Malhi v. INS, 336 F.3d 989, 992 (9th Cir.2003), and we deny the petition in part and dismiss it in part.

Substantial evidence supports the IJ’s determination that the two threatening letters received by Orozco did not rise to the level of persecution. See Lim v. INS, 224 F.3d 929, 936 (9th Cir.2000) (holding that an alien who received numerous death threats and whose colleagues were murdered by the military did not suffer past persecution). Moreover, the recruitment efforts by guerillas were insufficient to constitute persecution on account of political opinion. See INS v. Elias-Zacarias, 502 U.S. 478, 482-84 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992) (holding that forced recruitment without more is insufficient to establish persecution on account of one’s political opinion).

*199 Because Orozco failed to qualify…

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