Mendoza-Lopez
Mendoza-Lopez v. Gonzales
Opinion
Lead Opinion
*631 MEMORANDUM ***
Luis Orlando Mendoza-Lopez, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision affirming the Immigration Judge’s (“IJ”) denial of asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). Because the BIA streamlined the case and issued a decision without opinion, we review the IJ’s opinion. See Falcon Carriche v. Ashcroft, 350 F.3d 845, 855 (9th Cir.2003) (as amended). The IJ’s factual findings are reviewed for substantial evidence. Canales-Vargas v. Gonzales, 441 F.3d 739, 742 (9th Cir.2006).
The IJ found that Mendoza-Lopez had assisted or otherwise participated in the persecution of others while he was in the Guatemalan army. A person who “ordered, incited, assisted, or otherwise participated in the persecution” of others on account of “race, religion, nationality, membership in a particular social group, or political opinion” is ineligible for asylum and withholding of removal. See 8 U.S.C. §§ 1101 (a)(42)(B), 1158(b) (2) (A) (i), 1231(b)(3)(B)(i); see also 8 C.F.R. § 208.13 (c)(2)(i)(E). Mendoza-Lopez claims he was forced by the army to engage in acts that he…