Escobar Calderon v. Ashcroft

MEMORANDUM **

Armin Celido Escobar Calderon, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (BIA) summary affirmance of an immigration judge’s (IJ) order denying his claims for asylum and withholding of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 . Reviewing for substantial evidence, Melkonian v. Ashcroft, 320 F.3d 1061, 1065 (9th Cir.2003), we deny the petition for review.

Escobar Calderon contends that the IJ erred by failing to find him eligible for asylum and withholding of removal based on imputed political opinion, where he and his father served in the civil defense. Substantial evidence, however, supports the IJ’s decision because Escobar Calderon failed to demonstrate that his two encounters with guerrillas in Guatemala were on account of imputed political opinion or any other statutorily protected ground. See Melkonian, 320 F.3d at 1064 (requiring evidence that applicant was targeted for conscription based on an enumerated ground).

Further, substantial evidence supports the IJ’s finding that Escobar Calderon failed to establish a well-founded fear of persecution motivated by his refusal to join the guerrillas.…