Gomez-Miranda

Gomez-Miranda v. Ashcroft

Good Law
110 F. App'x 799
United States Court of Appeals for the Ninth CircuitSeptember 23, 2004No. 03-71733; Agency No. A72-681-693California373 words

Opinion

Lead Opinion

*800 MEMORANDUM **

Pepin Urbano Gomez-Miranda, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision affirming the Immigration Judge’s (“IJ”) denial of his application for asylum and withholding of removal and for relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review the BIA’s denial of asylum for substantial evidence and may reverse only if the evidence compels a contrary conclusion. INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). We deny the petition.

Substantial evidence supports the BIA’s finding that petitioner failed to establish past persecution or a well-founded fear of future persecution. Petitioner failed to establish that the guerillas’ attempt to recruit him into their army was on account of an actual or imputed political opinion since he was not a member of a political party, and no evidence suggested that the guerillas imputed a political opinion to him. See id. at 482-83 ; Molino-Estrada v. INS, 293 F.3d 1089, 1096 (9th Cir.2002) (denying asylum because there was no evidence that alien’s father, who was in the Guatemalan…

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