Acuna Chinchilla v. Mukasey

MEMORANDUM **

Julio Enok Acuna Chinchilla appeals the denial of his application for asylum and withholding of removal. To establish eligibility for asylum, Acuna Chinchilla must establish that he is “unwilling or unable to return to his country of origin because of ‘persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.’ ” Deloso v. Ashcroft, 393 F.3d 858, 863 (9th Cir.2005) (quoting 8 U.S.C. § 1101 (a)(42)(A)). Acuna Chinchilla must also establish that the persecution was at the hands of either government actors or actors the government is unable or unwilling to control. See Avetova-Elisseva v. INS, 213 F.3d 1192, 1196 (9th Cir.2000).

In support of his asylum claim, Acuna Chinchilla presented evidence that *206 his brother was killed by acquaintances and that guerillas attacked his family. As the Immigration Judge (IJ) noted, Acuna Chinchilla did not establish any connection between his brother’s death and any protected ground, nor did he establish that the government was unable or unwilling to control the men who killed his brother. As for the guerilla violence against Acuna…