Reyes-Reyes

MEMORANDUM **

Petitioner Cleyce Miguel Reyes-Reyes (“Reyes-Reyes”) seeks review of a Board *729 of Immigration Appeals’ (“BIA”) decision denying his application for asylum and withholding of deportation. Reyes-Reyes was a partial owner of a company that was targeted by the terrorist organization Sendero Luminoso (“Shining Path”). Although finding his testimony credible, the BIA concluded that Shining Path did not target Reyes-Reyes and his partners on account of a protected ground or, alternatively, that he did not establish that Shining Path was a group the Peruvian government was unable or unwilling to control during the relevant time frame (1989-1990). We deny the petition on the latter ground.

To qualify for asylum, the source of an applicant’s persecution must be either a state actor or persons or groups that the government is unwilling or unable to control. See Avetova-Elisseva v. INS, 213 F.3d 1192, 1196 (9th Cir.2000). Reyes-Reyes bears the burden of establishing this factor. 8 C.F.R. § 208.13 (a). In cases of non-governmental persecution, we “consider whether an applicant reported the incidents to police, because in such cases a report of this nature may show…