Alcazar

Alcazar v. Keisler

Good Law
249 F. App'x 561
United States Court of Appeals for the Ninth CircuitSeptember 28, 2007No. 06-72270California312 words

Opinion

Lead Opinion

MEMORANDUM ***

Angel Rolando Pineda Alcazar, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision dismissing his appeal from an Immigration Judge’s (“IJ”) denial of his application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence and will uphold the BIA’s decision unless the evidence compels a contrary conclusion. INS v. Elias-Zacarias, 502 U.S. 478, 481, 483-84 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). We deny the petition.

Substantial evidence supports the BIA’s finding that Pineda Alcazar did not establish past persecution because the harm he suffered did not rise to the level of persecution. See Prasad v. INS, 47 F.3d 336, 339-40 (9th Cir.1995). Pineda Alcazar’s claim of a well-founded fear of future persecution fails because it is based on civil strife and widespread random violence, and any harm to his father is unrelated to his claim. See Rostomian v. INS, 210 F.3d 1088, 1089 (9th Cir.2000); see also Arriaga-Barrientos v. INS, 937 F.2d 411, 414 (9th Cir.1991). Accordingly, we deny Pineda Alcazar’s asylum claim.

Because Pineda Alcazar failed to…

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