Herrera-Leon v. Immigration & Naturalization Service
Herrera-Leon v. Immigration & Naturalization Service
Opinion of the Court
MEMORANDUM
Oscar Armando Herrera-Leon (“Herrera”), a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals (“BIA”) order sustaining the Immigration and Naturalization Service’s appeal and denying his application for asylum and withholding of deportation under 8 U.S.C. § 1158(a) and § 1253(h). Because the transitional rules apply, we have jurisdiction pursuant to 8 U.S.C. § 1105(a). Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir. 1997). We review the BIA’s decision for substantial evidence. Ochave v. INS, 254 F.3d 859, 862 (9th Cir. 2001). We will uphold the determination unless the evidence compels a contrary conclusion. INS v. Elias-Zacarias, 502 U.S. 478, 481, n. 1, 112 S.Ct. 812, 117 L.Ed.2d 38 (1992). We deny the petition for review.
The evidence does not compel a finding that Herrera has suffered past persecution. This court has stated that threats alone “constitute past persecution in only a small category of cases” where “the threats are so menacing as to cause significant actual ‘suffering or harm.’ ” Lim v. INS, 224 F.3d 929, 936 (9th Cir. 2000) (quoting Sangha v. INS, 103 F.3d 1482, 1487 (9th Cir. 1997)). Herrera’s claim of persecution is based upon a fifteen to twenty minute visit by the guerrillas to his house during which his former friend demanded information, threatened harm to Herrera and his family, and pushed and hit Herrera on his way out. Herrera testified that he was not physically harmed. Thereafter, in two separate incidents, Herrera spotted his former friend with the guerrillas, but Herrera was not targeted or harmed. Although these incidents frightened Herrera, these incidents are not so menacing as to constitute past persecution.
Nor does the evidence compel a finding that Herrera has a well-founded fear of future persecution based upon his political opinion. The record does not indicate that Herrera had any specific political opinion, or that the guerrillas imputed a political motive to him. The guerrillas were demanding information about Herrera’s brothers, who were members of the na~
Because Herrera failed to establish his eligibility for asylum, he necessarily failed to meet the higher standard of eligibility for withholding of deportation. See Ghaly v. INS, 58 F.3d 1425, 1429 (9th Cir. 1995).
The petition for review is DENIED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.