Hernandez

Hernandez v. Ashcroft

Good Law
115 F. App'x 386
United States Court of Appeals for the Ninth CircuitDecember 14, 2004No. 02-70415California395 words

Opinion

Lead Opinion

MEMORANDUM **

Brigido Hernandez, a native and citizen of Guatemala, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order affirming an Immigration Judge’s 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 BIA’s denial of eligibility for relief. Alvarez-Santos v. INS, 332 F.3d 1245, 1254 (9th Cir.2003). We review de novo due process challenges to final orders of removal. Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.2000). We deny the petition.

Substantial evidence supports the BIA’s conclusion that Hernandez failed to establish he was persecuted based on actual or imputed political opinion or membership in a particular social group. See INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). Hernandez testified that approximately two years after he completed mandatory military service, four men whom he understood to be guerillas attacked him, threatened his family, and asked him questions about the military’s capture of a guerrilla fighter that Hernandez’s unit had hunted. Hernandez also testified that his uncle and cousins had been…

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