Ana Laura Rodriguez v. John Ashcroft, (8th Cir. 2004)
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United States Court of Appeals FOR THE EIGHTH CIRCUIT
No. 02-3977
Ana Laura Rodriguez, Petitioner, v. John Ashcroft, Attorney General of the United States, Respondent.
Submitted: January 7, 2004
Filed: January 27, 2004
Before RILEY, McMILLIAN, and SMITH, Circuit Judges.
PER CURIAM.
Ana Laura Rodriguez, a citizen of Guatemala, petitions for review of an order of the Board of Immigration Appeals (BIA) affirming an Immigration JudgeÂ’s (IJÂ’s) denial of RodriguezÂ’s application for asylum, withholding of removal, and relief under the Convention Against Torture. After careful review of the record, we deny the petition because the evidence does not compel reversal. See Navarijo-Barrios v. Ashcroft, 322 F.3d 561, 562 (8th Cir. 2003). Rodriguez failed to produce evidence that the guerrillas who attempted to recruit her did so on account of any particular political opinion that she held, see INS v. Elias-Zacarias, 502 U.S. 478, 482 (1992);
Dominguez v. Ashcroft, 336 F.3d 678, 680 (8th Cir. 2003), and the government presented evidence of changed conditions in Guatemala, including the peace accords ending the civil war and overt political participation by the former guerrillas, see Melecio-Saquil v. Ashcroft, 337 F.3d 983, 986-87 (8th Cir. 2003).
In addition, we conclude that Rodriguez§ 208.16(c)(2) (claimant must establish torture more likely than not if removed to proposed country of removal).
Accordingly, we deny the petition.
Petition for Review of an Order
of the Board of Immigration
Appeals.
[UNPUBLISHED]
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This document cites
- U.S. Court of Appeals for the Eighth Circuit - Cesar Julio Chavez Dominguez, Petitioner, v. John Ashcroft, Attorney General of the United States, Respondent., 336 F.3d 678 (8th Cir. 2003)
- U.S. Court of Appeals for the Eighth Circuit - Ramiro Melecio-Saquil, Petitioner v. John Ashcroft, Respondent., 337 F.3d 983 (8th Cir. 2003)
- U.S. Court of Appeals for the Eighth Circuit - Erwin Eliazar Navarijo-Barrios, Petitioner, v. John Ashcroft, Attorney General of the United States, Respondent., 322 F.3d 561 (8th Cir. 2003)
- U.S. Supreme Court - INS v. Elias-Zacarias, 502 U.S. 478 (1992)
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