Opinion
The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)
Alien, an indigenous person from Guatemala, petitioned for review of decision of Board of Immigration Appeals (BIA) denying application for asylum and for relief from deportation. The Court of Appeals held that alien failed to establish that his fear of persecution if he was returned to Guatemala was well-founded.
Affirmed.
On Petition for Review of an Order of the Board of Immigration Appeals.
Page 604.
Before D.W. NELSON, O'SCANNLAIN, and KLEINFELD, Circuit Judges.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
Mateo Jose Castaneda-Gonzales petitions for review of the BIA's order dismissing his appeal from an IJ's order denying his application for asylum and withholding of deportation. He also argues that the IJ made several errors in his decision. But where the BIA engages in its own de novo review, as it did here, we review the BIA's decision only.
See Ghaly v. INS, 58 F.3d 1425, 1430 (9th Cir.1995).
Castaneda asserts that he fled Guatemala because of forced conscription of young male adults, particularly indigenous ones such as himself. Compulsory military service and prosecution for desertion do not constitute persecution under the INA.
See INS v. Elias-Zacarias, 502 U.S. 478, 481, 112 S.Ct. 812, 117 L.Ed.2d 38 (1992); DeValle v. INS, 901 F.2d 787, 792 (9th Cir.1990).
Castaneda also argues that indigenous people are systematically targeted for persecution in spite of treaties to prevent such occurrences. Castaneda did not provide credible, direct, or specific evidence to support his claim. The fact that Castaneda's family continues to live undisturbed in Guatemala further undercuts his claims of a well-founded fear of persecution.
See Pedro-Mateo v. INS, 224 F.3d 1147, 1150-51 (9th Cir.2000).
Rodriguez-Rivera v. INS, 848 F.2d 998, 1006 (9th Cir.1988) (holding that Rodriguez failed to demonstrate a well-founded fear of government ore guerrilla persecution in part because his family had remained in El Salvador without incident).
Castaneda also argues that returnees are persecuted in Guatemala, but the evidence he offered was of an incident that occurred prior to the signing of the 1996 peace accords. The INS offered more recent evidence, and the BIA did not abuse its discretion by concluding that conditions in Guatemala had changed.
See, e.g., Kumar v. INS, 204 F.3d 931, 934 (9th Cir.2000) (holding that changed country conditions in Fiji rebutted any presumption that Kumar possessed a well-founded fear of persecution).
AFFIRMED.