Martinez Izaguirre v. Ashcroft

MEMORANDUM ***

Luis Miguel Martinez-Izaguirre, his wife Judith Martinez, and their son, Luis Enrique Martinez, natives and citizens of Peru, petition for review of the Board of Immigration Appeals’ summary affirmance of an Immigration Judge’s (“U”) decision denying their application for asylum and withholding of deportation. Because the transitional rules apply, see Kalaw v. INS, 138 F.3d 1147, 1150 (9th Cir.1997), we have jurisdiction under 8 U.S.C. § 1105a(a). We review the IJ’s decision for substantial evidence and must uphold it unless the evidence compels a contrary result. Pal v. INS, 204 F.3d 935 , 937 n. 2 (9th Cir.2000). We deny the petition for review.

Martinez-Izaguirre testified that while serving as an active-duty police officer, he was wounded when Shining Path members attacked a bank he was guarding. After identifying one suspect in court he received several calls which never escalated into actual confrontations or physical injury to himself or others, and which ended months before he left Peru. This testimony does not compel the conclusion that Martinez-Izaguirre was persecuted on account of an enumerated ground. See Gormley v. Ashcroft, 364 F.3d 1172, 1177-78…