Orozco-Fuentes

Orozco-Fuentes v. Holder

Good Law
424 F. App'x 719
United States Court of Appeals for the Ninth CircuitMarch 28, 2011No. 08-71033California313 words

Opinion

Lead Opinion

MEMORANDUM **

Paulo Arturo Orozco-Fuentes, a native and citizen of Guatemala, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from the immigration judge’s (“13”) decision denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings and review its legal conclusions de novo. Santos-Lemus v. Mukasey, 542 F.3d 738, 742 (9th Cir.2008). We deny the petition for review.

Orozco-Fuentes testified that he resisted the guerrillas’ and Guatemalan army’s attempts to recruit him. Substantial evidence supports the IJ’s denial of asylum because Orozco-Fuentes failed to establish past persecution or a well-founded fear of future persecution on account of a protected ground. See INS v. Elias-Zacarias, 502 U.S. 478, 481-82 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992) (forced recruitment by guerrillas, without more, does not amount to persecution); Pedro-Mateo v. INS, 224 F.3d 1147, 1150-51 (9th Cir.2000) (attempts by military and guerillas to recruit Guatemalan not persecution…

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