Becerril

Becerril v. Ashcroft

Good Law
113 F. App'x 264
United States Court of Appeals for the Ninth CircuitNovember 12, 2004No. 03-72523California337 words

Opinion

Lead Opinion

MEMORANDUM **

Arturo Becerril, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of an immigration judge’s (“IJ”) denial of his applications for asylum and withholding of deportation. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We deny the petition for review.

Even if Arturo Becerril testified truthfully, substantial evidence supports the IJ’s finding that he failed to establish a well-founded fear of persecution based on his refusal to join guerilla forces or retribution for his service in the Guatemalan military. Cf. Cruz-Navarro v. INS, 232 *265 F.3d 1024, 1028-29 (9th Cir.2000) (recognizing that former military service may in some instances support an asylum claim); Sangha v. INS, 103 F.3d 1482, 1490 (9th Cir.1997) (explaining that forced recruitment alone is insufficient to establish persecution on account of an enumerated ground).

Moreover, Arturo Becerril’s subjective fear is not well-founded in light of changed country conditions. See Gonzalez-Hernandez v. Ashcroft, 336 F.3d 995, 1000 (9th Cir.2003) (upholding a denial of asylum based on changed country conditions where the agency rationally…

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