Ocampo

MEMORANDUM **

Vivian Santos Ocampo, a citizen and native of the Philippines, petitions for review from a final order of removal of the Board of Immigration Appeals (“BIA”) denying Ocampo political asylum and withholding of deportation. The BIA summarily affirmed the opinion of an Immigration Judge (“IJ”) holding that Ocampo had not demonstrated past persecution on the basis of political opinion. We have jurisdiction under 8 U.S.C. § 1105a(a) (transitional rules), and we deny the petition.

We review the IJ’s decision for substantial evidence as if it were the BIA’s, because the BIA affirmed without an opinion. See Khup v. Ashcroft, 376 F.3d 898, 902 (9th Cir.2004). We note initially that Ocampo’s claim that the summary affirmance violated her due process rights is foreclosed by Falcon Carriche v. Ashcroft, 350 F.3d 845 (9th Cir.2003) (as amended).

Ocampo produced no evidence that the persecution she alleged at the hands of the New People’s Army (“NPA”) was “actually motivated” by her political beliefs. See Tecun-Florian v. INS, 207 F.3d 1107, 1109 (9th Cir.2000) (citing INS v. Elias-Zacarias, 502 U.S. 478, 483-84 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992)). She did not testify that…