Reyes-Rodriguez
Reyes-Rodriguez v. Ashcroft
Opinion
Lead Opinion
*335 MEMORANDUM **
Elvin Edgardo Reyes Rodriguez, a native and citizen of Honduras, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision 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 the BIA’s factual findings for substantial evidence. INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). We review de novo claims of due process violations. Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.2000). We deny the petition for review.
Reyes testified that guerrillas kidnaped and beat him after they came to his home seeking his brother, who was in the military. Without further evidence of the guerrillas’ motivations, Reyes’ testimony regarding his forced recruitment does not compel a finding that the guerrillas harmed him on account of a protected ground. See Sangha v. INS, 103 F.3d 1482, 1489-90 (9th Cir.1997).
Reyes testified that he fears the government will persecute him because it believes he was involved with the guerrillas during his kidnaping, but he does not provide evidence that the government is aware of his abduction or that…