Barrientos-Barrera

Barrientos-Barrera v. Gonzales

Good Law
177 F. App'x 564
United States Court of Appeals for the Ninth CircuitApril 12, 2006No. 04-76669; Agency No. A76-266-354California290 words

Opinion

Lead Opinion

MEMORANDUM **

Ana Isabel Barrientos-Barrera, a native and citizen of Guatemala, petitions pro se for review of an order of the Board of Immigration Appeals (“BIA”) affirming, without opinion, an immigration judge’s (“IJ”) decision denying her application for asylum and withholding of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 . Reviewing for substantial evidence, Rodriguez-Rivera v. INS, 848 F.2d 998, 1001 (9th Cir.1988), we deny the petition for review.

The record would not compel a reasonable fact-finder to conclude that Barrientos-Barrera has established past persecution or a well-founded fear of future persecution by guerrillas based on their attempts to recruit Barrientos-Barrerra’s husband and her refusal to inform the guerrillas of her husband’s whereabouts. See id. at 1006 (threats from guerrillas may suffice to create a well-founded fear of persecution only if the record demonstrates that the guerrillas have the will or ability to carry out the threats); see also him v. INS, 224 F.3d 929, 936 (9th Cir.2000) (holding that “[t]hreats standing alone ... constitute past persecution in only a small category of cases, and only when the threats are so menacing…

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