Reyes-Diaz

MEMORANDUM **

Aroldo Reyes-Diaz, his wife, Nora Patricia Alarcon-Mansilla, and their son, Raul Aroldo Reyes, natives and citizens of Guatemala, petition for review of the Board of Immigration Appeals’ (“BIA”) order affirming the Immigration Judge’s (“IJ”) denial of asylum and withholding of deportation. We have jurisdiction pursuant to 8 U.S.C. § 1105a(a), see Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997), and we deny the petition for review.

Petitioners contend that the Guatemalan army’s threat to murder Reyes-Diaz constitutes persecution on account of political opinion. We disagree. There is no evidence in the record that supports, much less compels, the conclusion that Reyes-Diaz holds a political opinion or that his persecutors have attributed a political opinion to him. See INS v. Elias-Zacarias, 502 U.S. 478, 483 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). Rather, Reyes-Diaz acknowledges that the army seeks revenge against him because of his accidental killing of two Guatemalan soldiers. Accordingly, substantial evidence supports the IJ’s conclusion that petitioners have failed to establish that Reyes-Diaz was persecuted on account of his actual or imputed political…