Solares

Solares v. Gonzales

Good Law
161 F. App'x 718
United States Court of Appeals for the Ninth CircuitJanuary 12, 2006No. 04-72476; Agency Nos. A70-956-027, A75-704-329California368 words

Opinion

Lead Opinion

MEMORANDUM **

Leonel Solares (“Solares”) and Irma Elizabeth Solares, husband and wife, and natives and citizens of Guatemala, petition pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from the Immigration Judge’s order denying their applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for substantial evidence, Ochave v. INS, 254 F.3d 859, 861-62 (9th Cir.2001), and we deny the petition for review. Solares testified that he received six threatening messages from anonymous persons asking him to join the guerillas. Neither this evidence, nor any other evidence in the record, compels the conclusion that the guerillas targeted Solares, even in part, on account of actual or imputed political opinion. See INS v. Elias-Zacarias, 502 U.S. 478, 483 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992) (holding that attempted recruitment by guerillas is not, per se, on account of political opinion).

Accordingly, substantial evidence supports the BIA’s determination that petitioners did not suffer past persecution, and do not have a well-founded…

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