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Lecca v. INS, 97-1927 (1998)

Court: Court of Appeals for the Fourth Circuit Number: 97-1927 Visitors: 31
Filed: Feb. 11, 1998
Latest Update: Feb. 12, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT MARIA CARMEN LECCA; ERNESTO LECCA; DAPHNE GISELA LECCA; CARMEN FRANCESCA LECCA, Petitioners, No. 97-1927 v. U.S. IMMIGRATION & NATURALIZATION SERVICE, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. (A72-371-964, A72-371-965, A72-371-966, A72-371-967) Submitted: January 20, 1998 Decided: February 11, 1998 Before HALL and ERVIN, Circuit Judges, and PHILLIPS, Senior Circuit Judge. _ Affirmed by un
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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

MARIA CARMEN LECCA; ERNESTO
LECCA; DAPHNE GISELA LECCA;
CARMEN FRANCESCA LECCA,
Petitioners,
                                                                      No. 97-1927
v.

U.S. IMMIGRATION & NATURALIZATION
SERVICE,
Respondent.

On Petition for Review of an Order
of the Board of Immigration Appeals.
(A72-371-964, A72-371-965, A72-371-966, A72-371-967)

Submitted: January 20, 1998

Decided: February 11, 1998

Before HALL and ERVIN, Circuit Judges, and
PHILLIPS, Senior Circuit Judge.

_________________________________________________________________

Affirmed by unpublished per curiam opinion.

_________________________________________________________________

COUNSEL

John William O'Leary, JOHN O'LEARY & ASSOCIATES, Wash-
ington, D.C., for Petitioners. Frank W. Hunger, Assistant Attorney
General, Michael P. Lindemann, Assistant Director, Douglas E. Gins-
burg, Office of Immigration Litigation, UNITED STATES DEPART-
MENT OF JUSTICE, Washington, D.C., for Respondent.

_________________________________________________________________
Unpublished opinions are not binding precedent in this circuit. See
Local Rule 36(c).

_________________________________________________________________

OPINION

PER CURIAM:

Maria Carmen Lecca seeks review of the decision of the Board of
Immigration Appeals denying relief on her application for asylum and
withholding of deportation.1

Lecca and her children came to the United States in 1991 from
Peru with tourist visas, and stayed beyond the authorized period. The
Immigration and Naturalization Service commenced deportation pro-
ceedings against Lecca and her children. Lecca conceded deporta-
bility and sought asylum and withholding of deportation. Lecca
claimed that her family was the victim of an extortion scheme by
guerrillas in Peru, motivated by her family's political opposition to
the guerrillas. At the deportation hearing, the immigration judge
found Lecca deportable and denied her application for asylum and
withholding of deportation, but granted her alternative request for vol-
untary departure. On appeal, the Board found that Lecca failed to
demonstrate that she was persecuted or had a well-founded fear of
future persecution in Peru on account of her or her family's political
opinion, and thus dismissed her appeal.

Nothing in the record shows that the Leccas expressed a political
opinion regarding the guerrillas, or that the extortion scheme precipi-
tating their departure from Peru was motivated by the Leccas' real or
perceived political opinion. See INS v. Elias-Zacarias, 
502 U.S. 478
,
481-83 (1992); Chen Zhou Chai v. Carroll, 
48 F.3d 1331
, 1342-43
(4th Cir. 1995). Thus, our review of the record discloses that the
Board's decision is based upon substantial evidence and is without
reversible error. Accordingly, we affirm on the reasoning of the
Board. Lecca v. INS, Nos. A72-371-964; A72-371-965; A72-371-966;
A72-371-967 (B.I.A. June 17, 1997). We dispense with oral argument
_________________________________________________________________
1 Lecca's children did not file their own applications.

                    2
because the facts and legal contentions are adequately presented in the
materials before the court and argument would not aid the decisional
process.

AFFIRMED

                    3

Source:  CourtListener

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