Flores

Flores v. Ashcroft

Good Law
107 F. App'x 128
United States Court of Appeals for the Ninth CircuitAugust 19, 2004No. 02-71938; Agency No. A70-784-123California309 words

Opinion

Lead Opinion

MEMORANDUM ***

David J. Flores, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision to affirm without opinion the Immigration Judge’s (“IJ”) denial of his application for asylum and withholding of deportation. This case is governed by the transitional rules and we have jurisdiction under 8 U.S.C. § 1105a(a). See Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997). We review the IJ’s determination of eligibility for asylum for substantial evidence and we deny the petition. See INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992).

Flores failed to show that the guerrillas’ recruitment efforts were motivated by a desire to persecute him because of his political opinion or any other statutorily protected ground. See Elias-Zacarias, 502 U.S. at 482-83 , 112 S.Ct. 812 . Moreover, Flores did not present sufficient evidence to compel a finding that he has an objectively reasonable fear of persecution upon his return to Guatemala. See id. Accordingly, substantial evidence supports the denial of his request for asylum.

Because Flores has failed to establish eligibility for asylum, he necessarily failed to…

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