Vivar-Martinez v. Ashcroft
Vivar-Martinez v. Ashcroft
Opinion of the Court
MEMORANDUM
Hilda Elizabeth Vivar-Martinez, a native and citizen of Guatemala, petitions
At her removal hearing, Vivar-Martinez testified that in 1989, guerrillas kidnaped her father and brother in an attempt to recruit them, killed her brother who tried to defend her father, and severely beat Vivar-Martinez. Vivar-Martinez provided no evidence, however, that the guerrillas’ were motivated by an enumerated ground. Accordingly, substantial evidence supports the BIA’s decision that Vivar-Martinez failed to establish eligibility for asylum. See id. at 483-84 (holding that forced recruitment without more is insufficient to establish persecution on account of political opinion).
In failing to qualify for asylum, Vivar-Martinez, necessarily failed to satisfy the more stringent standard or withholding of removal. See Ghaly v. INS, 58 F.3d 1425, 1429 (9th Cir. 1995).
PETITION FOR REVIEW DENIED.
This disposition is not appropriate for publication and may not be cited to or by the
Reference
- Full Case Name
- Hilda Elizabeth VIVAR-MARTINEZ v. John ASHCROFT, Attorney General
- Status
- Published