Unpublished Disposition, 894 F.2d 409 (9th Cir. 1990)

Annotate this Case
US Court of Appeals for the Ninth Circuit - 894 F.2d 409 (9th Cir. 1990)


No. 88-7512.

United States Court of Appeals, Ninth Circuit.

Submitted Dec. 15, 1989.* Decided Jan. 19, 1990.

Before REINHARDT, BEEZER and KOZINSKI, Circuit Judges.


Cruz is a young male who has maintained political neutrality in El Salvador. While he may face danger upon return to El Salvador, this fact alone is not enough to sustain a grant of asylum. See Sanchez-Trujillo v. INS, 801 F2d 1571, 1574 (9th Cir1986). Cruz must show through specific, direct and concrete evidence that he has a well-founded fear of being singled out for persecution based on his "race, religion, nationality, membership in a particular social group, or political opinion." Id; 8 USC Secs. 1158(a), 1101(a) (42) (A).

The immigration judge found that Cruz had not been previously persecuted or harmed in El Salvador because of any of these statutory factors. The judge also found that, other than Cruz's brother, who was wounded while in the Army, no member of Cruz's immediate family was ever persecuted or harmed for any reason. The Board of Immigration Appeals found that Cruz therefore had not established a well-founded fear of persecution so as to support a grant of asylum under 8 USC Sec. 1158(a). This determination is supported by substantial evidence. See Sanchez-Trujillo, 801 F2d at 1578.

Because substantial evidence supports the Board's determination that Cruz has not established a well-founded fear of persecution, there is, by definition, substantial evidence to support its determination that Cruz had not met the more stringent clear probability of persecution standard for withholding of deportation under 8 USC Sec. 1253(h) (1). See INS v. Cardoza-Fonseca, 480 US 421, 448-49 (1987); Rodriguez-Rivera v. INS, 848 F2d 998, 1007 (9th Cir1988).



The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); 9th Cir.R. 34-4


This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3