Ana Laura Rodriguez v. John Ashcroft

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 02-3977
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Ana Laura Rodriguez, *
*
Petitioner, *
* Petition for Review of an Order
v. * of the Board of Immigration
* Appeals.
John Ashcroft, Attorney General of the *
United States, * [UNPUBLISHED]
*
Respondent. *
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Submitted: January 7, 2004
Filed: January 27, 2004
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Before RILEY, McMILLIAN, and SMITH, Circuit Judges.
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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 Judge’s (IJ’s)
denial of Rodriguez’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’s claims for withholding of removal
and relief under the Convention Against Torture fail. See Francois v. INS, 283 F.3d
926, 932-33 (8th Cir. 2002) (finding that substantial evidence supporting denial of
request for asylum also supported denial of withholding of deportation, because
standard for withholding is more onerous); 8 C.F.R. § 208.16(c)(2) (claimant must
establish torture more likely than not if removed to proposed country of removal).
Accordingly, we deny the petition.
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