Javier Garcia-gomez, Petitioner, v. Immigration and Naturalization Service, Respondent, 141 F.3d 1175 (9th Cir. 1998)

MEMORANDUM^* 

Because the parties are familiar with the procedural and factual history of this case, we will not detail it here. We ar bound to uphold the Board of Immigration Appeals determination if it is "supported by reasonable, substantial, and probative evidence on the record considered as a whole." See INS v. Elias-Zacarias, 502 U.S. 478, 481, 112 S. Ct. 812, 117 L. Ed. 2d 38 (1992) (quoting 8 U.S.C. § 1105a(a) (4)). To obtain reversal of the BIA's decision, Garcia-Gomez "must show that the evidence he presented was so compelling that no reasonable factfinder could fail to find the requisite fear of persecution." Elias-Zacarias, 502 U.S. at 483-84.

After a thorough review of the briefs and the record, we deny Garcia-Gomez's petition for review. Petitioner failed to establish the necessary link between his alleged persecution and his political opinion, and the record is bare of evidence that he would face persecution as a former member of the Patrol upon his return to El Salvador. Because Garcia-Gomez failed to fulfill the requirements for asylum, he necessarily failed to meet the more rigorous standard for withholding of deportation. See Aruta v. INS, 80 F.3d 1389, 1396 (9th Cir. 1996).

PETITION FOR REVIEW DENIED.