Garcia Perez v. Ashcroft

MEMORANDUM **

Hilario Garcia Perez, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ decision affirming an immigration judge’s denial of his application for asylum and withholding of deportation. We review for substantial evidence, Sangha v. INS, 103 F.3d 1482, 1487 (9th Cir.1997), and deny the petition.

Under the substantial evidence standard of review, we cannot substitute our analysis of which side in the factual dispute we find more persuasive, but must uphold the BIA if there is substantial evidence to support its findings. Cruz-Navarro v. INS, 232 F.3d 1024, 1028 (9th Cir.2000). There is substantial evidence supporting the IJ’s determination that Garcia Perez *736 was not persecuted on account of any political opinion, real or imputed.

In order to establish that he had been persecuted on account of his political opinion, Garcia Perez had to present evidence, direct or circumstantial, that (1) he had been a victim of persecution; (2) he held a political opinion (or his persecutors imputed a political opinion to him); (3) his political opinion was known to his persecutors; and (4) the persecution had been on account of his…