Pascual v. Mukasey, 514 F.3d 483 (6th Cir. 2007). · Go Syfert
Pascual v. Mukasey, 514 F.3d 483 (6th Cir. 2007). Cases Citing This Book View Copy Cite
69 citation events (67 in the last 25 years) across 4 distinct courts.
Strongest positive: Francisca Hernandez-Hernandez v. Merrick B. Garland (ca6, 2021-10-04)
Treatment trajectory · 2008 → 2026 · click a year to view as-of
2008 2017 2026
Top citers, strongest first. 34 distinct citers. How cited ↗
discussed Cited as authority (rule) Francisca Hernandez-Hernandez v. Merrick B. Garland
6th Cir. · 2021 · confidence medium
The State Department report agrees that indigenous Guatemalans are disproportionately poor, “remain largely outside the political, economic, social, and cultural mainstream,” have “limited educational opportunities (contrary to law), . . . and [experience] pervasive discrimination.” But we have already rejected nearly identical claims, noting that “economic stratification and deficient government support, regrettable though they are, do not establish a cognizable case of persecution.” Pascual v. Mukasey, 514 F.3d 483, 488 (6th Cir. 2007).
discussed Cited as authority (rule) Jose Zaldana Menijar v. Loretta Lynch
6th Cir. · 2015 · confidence medium
And Zaldana’s argument does not compel us to conclude that his fear of gang violence is on account of his status as an “active and former long-term gang member.” Pascual v. Mukasey, 514 F.3d 483, 486-87 (6th Cir.2007) (explaining that the persecutor’s motive is “critical” in determining whether an applicant receives statutory protection under the INA).
discussed Cited as authority (rule) Mateo-Alejandro v. Holder
7th Cir. · 2012 · confidence medium
See Ni v. Holder, 635 F.3d 1014, 1020 (7th Cir.2011) (noting that harassment that occurred far in the past does not warrant much weight); Alimi v. Ashcroft, 391 F.3d 888, 890 (7th Cir.2004) (concluding that harassment that occurred before Macedonia’s transition to democracy does not compel finding of well-founded fear of future prosecution); Dandan, 339 F.3d at 575 (concluding that end of Lebanese civil war supported Board’s decision that alien did not have well-founded fear of future prosecution); Pascual v. Mukasey, 514 F.3d 483, 488 (6th Cir.2007) (stating that there was no support for …
discussed Cited as authority (rule) Rolando Mateo-Alejan v. Eric Holder
7th Cir. · 2012 · confidence medium
See Ni v. Holder, 635 F.3d 1014, 1020 (7th Cir. 2011) (noting that harassment that occurred far in the past does not warrant much weight); Alimi v. Ashcroft, 391 F.3d 888, 890 (7th Cir. 2004) (concluding that harassment that occurred before Macedonia’s transition to democracy does not compel finding of well‐founded fear of future prosecution); Dandan, 339 F.3d at 575 (concluding that end of Lebanese civil war supported Board’s decision that alien did not have well‐ founded fear of future prosecution); Pascual v. Mukasey, 514 F.3d 483, 488 (6th Cir. 2007) (stating that there was no supp…
discussed Cited as authority (rule) Bartolome Nicolas-Bartolome v. Eric Holder, Jr.
6th Cir. · 2012 · confidence medium
We previously stated in Pascual v. Mukasey that the conflict between the guerrillas and the Guatemalan government ended in 1996 and further stated that “as the war subsided, so did any objectively reasonable fear of persecution.”, 514 F.3d 483, 488 (6th Cir.2007).
discussed Cited as authority (rule) Pjeter Lleshi v. Eric Holder, Jr.
6th Cir. · 2012 · confidence medium
Additionally, “economic stratification and deficient government support, regrettable though they are, do not establish a cognizable case of persecution.” Pascual v. Mukasey, 514 F.3d 483, 488 (6th Cir.2007).
discussed Cited as authority (rule) Antonio Ixcoy v. Eric Holder, Jr. (2×) also: Cited "see"
6th Cir. · 2011 · confidence medium
As we noted in Pascual v. Mukasey, 514 F.3d 483, 488 (6th Cir.2007), the civil war in Guatemala ended in 1996, and “as the war subsided, so did any objectively reasonable fear of persecution” at the hands of guerrillas.
discussed Cited as authority (rule) Luke Nue v. Eric Holder, Jr. (2×) also: Cited "see"
6th Cir. · 2011 · confidence medium
A “refugee” is defined as an alien who is unable or unwilling to return to her country of origin “because of [past] persecution or a well-founded fear of [future] persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.” 8 U.S.C. § 1101 (a)(42)(A); Pascual v. Mukasey, 514 F.3d 483, 485 (6th Cir.2007).
discussed Cited as authority (rule) Visca Imelda v. U.S. Attorney General (2×)
11th Cir. · 2010 · confidence medium
See, e.g., Milanouic v. Holder, 591 F.3d 566, 570 (7th Cir.2010) (presumption from past persecution by Slobodan Milosevic and the Socialist party was rebutted by removal of Milosevic from power); Gitimu, 581 F.3d at 774 (presumption from past persecution due to membership in political party rebutted when the leader of that party was elected President of Kenya, there were no reports of political killings or arrests, and petitioner’s family remained in Kenya without persecution); Lybesha v. Holder, 569 F.3d 877 , 881— 82 (8th Cir.2009) (presumption from past persecution due to membership in …
discussed Cited as authority (rule) Visca Imelda v. U.S. Attorney General
11th Cir. · 2010 · confidence medium
Mehmeti v. U.S. Att’y Gen., 572 F.3d 1196, 1200 (11th Cir. 2009) (per curiam). 10 persecuted the petitioner has been taken out of power, dissolved, or assimilated into the government.6 Courts have also found a fundamental change where the government has undertaken significant reforms to redress past problems, such as punishing persecutors or establishing certain freedoms by law, or where the evidence demonstrates a substantial decline in violence against persecuted groups.7 6 See, e.g., Milanouic v. Holder, 591 F.3d 566, 570 (7th Cir. 2010) (presumption from past persecution by Slobodan Milo…
discussed Cited as authority (rule) Visca Imelda v. U.S. Attorney General
11th Cir. · 2010 · confidence medium
Mehmeti v. U.S. Att’y Gen., 572 F.3d 1196, 1200 (11th Cir. 2009) (per curiam). 10 persecuted the petitioner has been taken out of power, dissolved, or assimilated into the government.6 Courts have also found a fundamental change where the government has undertaken significant reforms to redress past problems, such as punishing persecutors or establishing certain freedoms by law, or where the evidence demonstrates a substantial decline in violence against persecuted groups.7 6 See, e.g., Milanouic v. Holder, 591 F.3d 566, 570 (7th Cir. 2010) (presumption from past persecution by Slobodan Milo…
cited Cited as authority (rule) Arben Gjokazaj v. Eric H. Holder, Jr.
6th Cir. · 2009 · confidence medium
Pascual v. Mukasey, 514 F.3d 483, 485 (6th Cir.2007) (citing 8 C.F.R. § 208.13 (b)(1)(i)(A)).
discussed Cited as authority (rule) Blanca Moran-Quinteros v. Eric H. Holder, Jr. (2×) also: Cited "see"
6th Cir. · 2009 · confidence medium
In Pascual v. Mukasey, this Court concluded that where the record indicated that members of the petitioner’s family had lived unharmed for nearly sixteen years, it was “reasonable to expect [the petitioner] to do so as well.” 514 F.3d 483, 489 (6th Cir.2007).
cited Cited as authority (rule) Moussa Mballo v. Eric H. Holder, Jr.
6th Cir. · 2009 · confidence medium
See I.N.S. v. Elias-Zacarias, 502 U.S. 478, 482 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992); Pascual v. Mukasey, 514 F.3d 483, 486 (6th Cir.2007).
discussed Cited as authority (rule) Jibrila Diallo v. Eric H. Holder, Jr. (2×) also: Cited "see"
6th Cir. · 2009 · confidence medium
It is unclear “whether *563 imputed political opinions may form the basis of an asylum claim.” See Pascual v. Mukasey, 514 F.3d 483, 486 (6th Cir.2007).
cited Cited as authority (rule) Roberto Funes Tercero v. Michael Mukasey
8th Cir. · 2008 · signal: cf. · confidence medium
Cf. Pascual v. Mukasey, 514 F.3d 483, 488 (6th Cir.2007) (rejecting asylum claim based on Mayan ethnicity).
discussed Cited as authority (rule) Vuktilaj v. Mukasey
6th Cir. · 2008 · confidence medium
When the BIA adopts the IJ’s opinion, we review the IJ’s decision as the final agency action, see Pascual v. Mukasey, 514 F.3d 483, 486 (6th Cir.2007), and we will accept the agency’s findings “unless any reasonable adjudicator would be compelled to conclude to the contrary,” 8 U.S.C. § 1252 (b)(4)(B).
cited Cited "see" Maria Gallegos-Alvarez v. Jefferson Sessions, III
6th Cir. · 2018 · signal: see · confidence high
See Pascual v. Mukasey, 514 F.3d 483, 489 (6th Cir. 2007).
cited Cited "see" Antonio Cruz-Carrillo v. Loretta Lynch
6th Cir. · 2016 · signal: see · confidence high
See Pascual, 514 F.3d at 488 .
discussed Cited "see" Ruben Mendoza v. Eric Holder, Jr. (2×)
6th Cir. · 2014 · signal: see · confidence high
See Pascual v. Mukasey, 514 F.3d 483, 487 (6th Cir.2007).
discussed Cited "see" Alberto Matias-Pablo v. Eric Holder, Jr.
6th Cir. · 2013 · signal: see · confidence high
The Elias-Zacarias Court held that in order to meet the “on account of’ prong of asylum eligibility, an applicant must demonstrate that the persecution he suffered was “on account of the victim’s political opinion, not the persecutor’s.” Id.; see Pascual v. Mukasey, 514 F.3d 483, 487 (6th Cir.2007) (holding that a government’s conscription of its citizens into military service and “punish[ment of] those who do not fulfill their duty ... does not by itself ordinarily rise to the level of persecution on the basis of political opinion”); Mateo v. Gonzales, 217 Fed.Appx. 476, 483…
cited Cited "see" Viktor Palka v. Eric Holder, Jr.
6th Cir. · 2012 · signal: see · confidence high
See Pascual v. Mukasey, 514 F.3d 483, 489 (6th Cir.2007) (holding that family remaining in country unperse-cuted undercuts claim).
cited Cited "see" Long Chen v. Eric Holder, Jr.
6th Cir. · 2011 · signal: see · confidence high
See Pascual v. Mukasey, 514 F.3d 483, 489 (6th Cir.2007).
cited Cited "see" Catarina Manuel-Pedro v. Eric H. Holder, Jr.
6th Cir. · 2010 · signal: see · confidence high
See Pascual, 514 F.3d at 485 .
cited Cited "see" Jing Hu v. Eric H. Holder, Jr.
6th Cir. · 2009 · signal: see · confidence high
See Pascual v. Mukasey, 514 F.3d 483, 486 (6th Cir.2007) (collecting cases).
discussed Cited "see" Mofeed Naser v. Eric H. Holder, Jr.
6th Cir. · 2009 · signal: see · confidence high
See Pascual v. Mukasey, 514 F.3d 483, 486-87 (6th Cir.2007) (recognizing that the approach was impliedly accepted in an unpublished opinion); Kai Hun Sin v. Mukasey, 294 Fed.Appx. 203, 206-07 (6th Cir.2008) (same).
cited Cited "see" Myftari v. Mukasey
6th Cir. · 2008 · signal: see · confidence high
See Pascual v. Mukasey, 514 F.3d 483, 486 (6th Cir.2007).
discussed Cited "see" Kai Hun Sin v. Mukasey (2×) also: Cited "see, e.g."
6th Cir. · 2008 · signal: see · confidence high
See Pascual, 514 F.3d at 486-487 . 5 .
cited Cited "see" Ramirez-Felipe v. Mukasey
6th Cir. · 2008 · signal: see · confidence high
See Pascual v. Mukasey, 514 F.3d 483, 488 (6th Cir.2007).
discussed Cited "see" Stefanovski v. Mukasey (2×)
6th Cir. · 2008 · signal: see · confidence high
See Pascual v. Mukasey, 514 F.3d 483, 486-87 (6th Cir.2007).
discussed Cited "see" 22 L. R. A. 195
unknown court · 70 · signal: see · confidence high
See Pascual v. Mukasey, 514 F.3d 483, 487 (6th Cir.2007) (“[I]t is hardly unusual, much less a form of persecution, for governments to conscript their citizens into military service, then to punish those who do not fulfill their duty.
discussed Cited "see, e.g." Mohamed Haider v. Eric H. Holder, Jr. (2×)
6th Cir. · 2010 · signal: see also · confidence medium
See Abdulnoor v. Ashcroft, 107 F. App’x 594, 595 (6th Cir. 2004) (unpublished order) (remanding because, although applicant was not politically active, “[t]he BIA apparently did not consider that imputed political opinion is a protected ground”); see also Pascual v. Mukasey, 514 F.3d 483, 486-87 (6th Cir. 2007) (noting that most circuit courts have approved this approach, that this court did so in Abdulnoor, and that the Supreme Court’s emphasis on the persecutor’s motive suggests this approach is appropriate).
discussed Cited "see, e.g." Bassem Bassam v. Eric H. Holder, Jr.
6th Cir. · 2009 · signal: see, e.g. · confidence medium
See, e.g., Pascual v. Mukasey, 514 F.3d 483, 488 (6th Cir.2007) (noting that scarce educational and economic opportunities, “regrettable though they are, do not establish a cognizable case of persecution”); Akhtar v. Gonzales, 406 F.3d *513 399, 405 (6th Cir.2005) (noting that general civil and social strife does not confer eligibility for asylum).
cited Cited "see, e.g." Landelino Perez-Deleon v. Eric H. Holder, Jr.
6th Cir. · 2009 · signal: see, e.g. · confidence medium
See, e.g., Pascual v. Mukasey, 514 F.3d 483, 488 (6th Cir.2007); Ramirez-Felipe v. Mukasey, 292 Fed.Appx. 482, 483-84 (6th Cir.2008).
Retrieving the full opinion text from the archive…
Hector PASCUAL, Petitioner,
v.
Michael B. MUKASEY, Attorney General of the United States, Respondent
06-4327.
Court of Appeals for the Sixth Circuit.
Dec 19, 2007.
514 F.3d 483
ARGUED: John S. Richbourg, Memphis, Tennessee, for Petitioner. Gary A. Vanasek, Assistant United States Attorney, Memphis, Tennessee, for Respondent. ON BRIEF: John S. Richbourg, Memphis, Tennessee, for Petitioner. Gary A. Vanasek, Assistant United States Attorney, Memphis, Tennessee, for Respondent.
Rogers, Sutton, Bertelsman.
Cited by 40 opinions  |  Published

OPINION

SUTTON, Circuit Judge.

Hector Francisco-Pascual claims that he is eligible for asylum and contends that the Board of Immigration Appeals (BIA) erred in ruling to the contrary. Because Pascual has not established past persecution on account of his political beliefs and because at any rate he has no reasonable fear of future persecution based on changed country conditions, we affirm.

I.

Hector Francisco-Pascual is a native and citizen of Guatemala and a member of the Mayan Kanjobal race, one of the country’s indigenous minority populations. For much of the second half of the 20th century, a civil war raged in Guatemala, pitting mostly indigenous, leftist guerrilla revolutionaries against the government and right-wing paramilitary organizations.

In responding to the guerrilla forces, the Guatemalan government created a civilian patrol to quell the insurrection. In 1989, when Pascual was 17 or 18, the government drafted him into service. In May 1990, after several months of civil-patrol duty, Pascual developed a fever and missed his patrol duties for four or five days. Because he had “not serv[ed][his] term,” patrol members sought him out, removed him from his home and repeatedly beat him with a rope. JA 43. The patrol members made him stand in a hole in the ground for two days, where “[y]ou can’t even stoop down.” Id. Although Pas-cual claimed he “was honestly sick,” the patrol members accused him of joining the guerrilla forces, alleging that he had skipped his duties due to his allegiance to the revolutionaries. Id. The mayor of Pas-cual’s municipality eventually questioned the patrol leaders about Pascual’s detainment and sought his release. Although the civil patrol then released Pascual, its members continued to threaten him, telling him that he “was going to die, and that they were going to do things” to him. JA 44.

Pascual continued his service in the civil patrol for seven more months, until February 1991, when “five or six of the guerrilla grabbed” him on his way to patrol duty and said, “you will come with us, you are going to join us because you’re [serving] with the government.” JA 44-45. The guerrillas threatened Pascual and his family and forced him to steal chicken and corn for the guerrilla band’s sustenance. For four and a half months, the guerrillas allowed Pascual to change his clothes once every fifteen days and to eat every three. One day, however, when the government engaged the guerrilla forces in battle, Pas-cual slipped away in the confusion and walked home.

Upon Pascual’s return, his family told him that the civil patrol had threatened them, beaten his wife and demanded to[*485] know whether he had joined the guerrilla forces. Pascual’s father testified that his family “was in fear of both the civil patrol and the guerrillas at that point.” JA 72. Hoping to escape the turmoil, Pascual left Guatemala and traveled with his wife through Mexico and into the United States in 1991, where they have resided ever since and where they have raised four children. The Guatemalan civil war ended in 1996, and the civil patrol disbanded soon after that.

When Pascual left Guatemala, the rest of his family “picked up and moved to another part of the country, about seven or eight hours away in the mountains.” JA 73. They moved to a “very quiet” mountainous region called Barrías, where there is little civilization. JA 52. While most of Pascual’s family eventually joined him in the United States legally — including a naturalized sister, two other sisters, one brother and his parents — he still has a brother and a sister in Barrías. When asked whether “it would be safe ... to go back and live in this place,” Pascual responded, “I have children. I am the main support of my children [who] would suffer damages ... if we have to go.” JA 52-53. The Guatemalan government, Pascual said, has never provided anything for Mayans: “[T]hey never provided for school or anything that we wanted to do.” JA 51. Pas-cual’s father echoed the point, noting that the Guatemalan government is “uncaring” towards Mayans. JA 73.

The Immigration and Naturalization Service discovered Pascual’s illegal presence and in 1997 charged him with entering the country without inspection and with thus being deportable under former INA § 241(a)(1)(B). At a hearing in 1997, Pascual conceded his deportability but renewed a previously filed application for asylum relief. Pending a final decision on the asylum application, the Immigration Judge (IJ) ordered Pascual to have his fingerprints taken by June 29, 1998, but Pascual failed to comply with the order. On January 28, 1999, the IJ determined that Pascual had thereby abandoned his application for asylum, and Pascual appealed to the BIA. Four years later, the BIA summarily reversed the IJ’s decision and remanded his case.

In 2005, at a third hearing, Pascual testified about his mistreatment at the hands of the Guatemalan civil patrol and his abduction by the guerrillas. The IJ found Pascual credible but held that he had not met his burden of proving a well-founded fear of persecution. Neither Pascual’s recruitment by the guerrillas nor his punishment for missing his civil-patrol duty, the IJ determined, constituted past persecution on account of his political opinion. In reaching this conclusion, the IJ acknowledged the U.S. State Department’s Country Report on Guatemala, which cat-alogued extant “rampant violence in Guatemala” and the economic hardship facing Mayan minorities, JA 250, but found that “this is not tantamount to [proving] a well-founded fear of persecution on account of any of the established grounds,” JA 251. Even if there had been persecution, the IJ added, there were safe places in the country to which Pascual could return, undermining his claim of countrywide persecution. The BIA affirmed without opinion.

II.

The Attorney General may grant asylum to a “refugee,” 8 U.S.C. § 1158(b), defined as an alien unwilling to return home “because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion,” id. § 1101(a)(42)(A). Applicants who establish past persecution are entitled to a[*486] presumption that they cannot return home based upon a well-founded fear of future persecution, but the government can rebut this presumption if it establishes (by a preponderance of the evidence) that a “fundamental change in circumstances” in the country has undermined any such “well-founded fear.” 8 C.F.R. § 1208.13(b)(1)(i)(A); see also Singh v. Ashcroft, 398 F.3d 396, 401 (6th Cir.2005).

Where, as here, the BIA adopts the IJ’s reasoning, we review the IJ’s decision directly, Singh, 398 F.3d at 401, and we may reverse his determination that Pascual was ineligible for asylum only if “no reasonable factfinder could fail to find the requisite fear of persecution,” INS v. Elias-Zacarias, 502 U.S. 478, 484, 112 S.Ct. 812, 117 L.Ed.2d 38 (1992); see also 8 U.S.C. § 1252(b)(4)(B). In view of the IJ’s unchallenged credibility determination, we accept the substance of Pascual’s testimony.

A.

In Elias-Zacarias, the Supreme Court rejected a similar asylum claim. 502 U.S. at 479-80, 112 S.Ct. 812. Elias-Zacarias, like Pascual, lived in Guatemala during the civil war. And Elias-Zacarias likewise was caught between the demands of the government and the guerrillas, prompting him ultimately to resist the guerrilla’s conscription efforts out of fear of governmental retribution and eventually to flee the country. Id. The Court rejected Elias-Zacarias’s claim on the ground that a fear of retaliation from a guerrilla group’s conscription efforts did not establish that the retaliation would rise to the level of “persecution on account of political opinion.” Id. at 482, 112 S.Ct. 812. As the Court explained, one might reasonably refuse conscription for any number of apolitical reasons — “fear of combat, a desire to remain with one’s family and friends, a desire to earn a better living in civilian life, to mention only a few.” Id. Even if Elias-Zacarias’s decision to remain neutral was “itself the affirmative expression of a political opinion,” the Court said, the record did not compel the conclusion that he reasonably feared the guerrillas would “persecute him because o/that political opinion, rather than because of his refusal to fight.” Id. at 483, 112 S.Ct. 812. To prevail, the Supreme Court made clear, the alien must establish that the alleged persecution turned on the “victim’s political opinion, not the persecutor’s.” Id. at 482, 112 S.Ct. 812.

Pascual’s claim does not meet this standard. Pascual does not claim that he advocated, or indeed held, any particular political view when he lived in Guatemala. He instead seeks asylum based on persecution due to political opinions imputed to him by the guerrillas and the government. The Supreme Court has not decided whether imputed political opinions may form the basis of an asylum claim. See id. (assuming “arguendo ” that an erroneously imputed political opinion “would suffice”). Several circuit courts have held that they may. See, e.g., Morales v. I.N.S., 208 F.3d 323, 331 (1st Cir.2000); Delgado v. Mukasey, No. 05-4393-ag, 508 F.3d 702, 707 (2d Cir.2007); Balasubramanrim v. I.N.S., 143 F.3d 157, 164 n. 10 (3d Cir.1998); Abdel-Rahman v. Gonzales, 493 F.3d 444, 450 (4th Cir.2007); Mema v. Gonzales, 474 F.3d 412, 416-17 (7th Cir.2007); De Brenner v. Ashcroft, 388 F.3d 629, 635-36 (8th Cir.2004); Canas-Segovia v. I.N.S., 970 F.2d 599, 601-02 (9th Cir.1992); Najjar v. Ashcroft, 257 F.3d 1262, 1289 (11th Cir.2001). And we seem to have agreed with this approach in one unpublished opinion. See Abdulnoor v. Ashcroft, 107 Fed.Appx. 594, 595 (6th Cir.2004). Because it is the persecutor’s motive, not his or her mind-reading capacity, that the statute “makes[*487] ... critical,” Elias-Zacarias, 502 U.S. at 483, 112 S.Ct. 812, there is much to be said for this point of view. We need not resolve the point, however, because Pascual has not established that either of his alleged persecutors acted on account of his opinion, imputed or otherwise.

It takes little imagination to envision the plight of a Mayan caught between the forces of the Guatemalan government and the guerrillas during the civil war. And in this case no imagination is needed, because we have á record replete with credible testimony from Pascual about the ruthless treatment he received at the hands of each side to the dispute. Still, the record supports the IJ’s determination that the actions of the government and the guerrillas furthered the groups’ political aims, not that they were designed to persecute Pascual on account of his political beliefs. Start with the civil patrol. No one contends that the government conscripted just one ethnic group and forced its members, and its members alone, to bear the brunt of military service. That forces Pascual to complain about a general requirement of conscription. Yet it is hardly unusual, much less a form of persecution, for governments to conscript their citizens into military service, then to punish those who do not fulfill their duty. Such conduct does not by itself ordinarily rise to the level of persecution on the basis of political opinion. See Bradvica v. I.N.S., 128 F.3d 1009, 1013 (7th Cir.1997); Gojcevic v. Gonzales, 142 Fed.Appx. 257, 261 (6th Cir.2005) (“Refusal to perform military service in one’s native country is not ordinarily a valid basis for establishing asylum eligibility.”) (internal quotation marks and alterations omitted); cf. Elias-Zacarias, 502 U.S. at 482, 112 S.Ct. 812 (holding that “forced recruitment” is not necessarily political persecution). Pascual’s own testimony confirms that the civil patrol beat him because he “was not serving [his] term” of mandatory duty. JA 43. True, the patrolmen accused him of “being part of the guerrilla,” id., and threatened his family on that account while he was in captivity. These statements, however, do not compel a factfinder to conclude that he was being persecuted on account of his political opinion. It is just as plausible that they show only why the civil patrol might have been skeptical of Pascual’s explanation for missing several days of service — that he was sick — and thus continued to punish him because he was a deserter. Confirming the plausibility of this explanation, Pascual served seven more months in the civil patrol after his beating without any apparent incident, allowing the conclusion that the civil patrol’s actions stemmed from an unfortunate and inhumane form of military discipline, not political persecution.

A similar conclusion applies to the guerrillas’ abduction of Pascual. That action, too, could fairly be characterized as motivated by the guerrillas’ own military, political and welfare needs, not a desire to make Pascual pay for his political opinions. According to Pascual’s own testimony, the guerrillas used him to support their revolutionary cause by making him steal food for them. “[T]he mere existence of a generalized ‘political’ motive underlying the guerrillas’ forced recruitment is inadequate to establish (and, indeed, goes far to refute) the proposition” that their actions were taken because of anything Pascual believed. Elias-Zacarias, 502 U.S. at 482, 112 S.Ct. 812. Even if the guerrillas abducted Pascual for what he was “doing with the government,” JA 45, that does not establish political persecution. The obligatory nature of service in the civil patrol precludes the guerrilla forces (or for that matter anyone else) from crediting Pascual with any political opinion based solely on[*488] his service in the patrol. And the guerrilla force’s abduction of members of the civil patrol is as apt to be motivated by a desire to incapacitate its adversaries as by a desire to retaliate against a political opponent — making it impossible to say that the record compelled the IJ to find political persecution.

One final thought on this point: even if persecution on account of an imputed political opinion could warrant an asylum grant in some circumstances, imputed-opinion applicants may have more difficulty proving that they cannot return because of that persecution. See 8 U.S.C. § 1101(a)(42)(A) (requiring the alien to be “unable or unwilling to return ... because of persecution or a well-founded fear”) (emphasis added). Imputed-opinion persecution, it is well to remember, is premised on a persecutor’s “mistaken belief about the victim’s views,” Canas-Segovia v. I.N.S., 970 F.2d 599, 602 (9th Cir.1992), meaning that finding a well-founded fear of future persecution would require an inquiry into whether the prospective persecutor would make the same mistake again if the alien returned. That seems quite unlikely in this case. Why would anyone today ascribe a mistaken anti-government or anti-guerrilla opinion to Pascual — given that the war ended over ten years ago and the government has since disbanded the civil patrol? Pas-cual offers no explanation why or how that could happen. Even if Pascual had been subjected to past political persecution based on an imputed political view, in other words, we nonetheless would be compelled to affirm.

B.

Pascual’s claim also fails on an independent ground: changed conditions in Guatemala. Although the U.S. State Department’s Country Report on Guatemala notes ongoing violence and other problems, it says that “[t]here were no substantiated reports of politically motivated killings” and the current Guatemalan government “generally respectfs] the human rights of its citizens.” JA 193.

That presents a problem for Pascual’s claim. In his asylum application, he complained about two sources of abuse — -the civil war, which ended in 1996, and the civil patrol, which the government has disbanded. In this sense, Pascual’s claim is significantly easier than that addressed by the Court in Elias-Zacarias, as that case was decided while the Guatemalan civil war was still ongoing. 502 U.S. at 483, 112 S.Ct. 812. Moreover, Pascual has not established a “pattern or practice” of persecution against Mayans or any other group to which he belongs. See 8 C.F.R § 1208.13(b)(2)(iii)(A). Accordingly, as the war subsided, so did any objectively reasonable fear of persecution.

Resisting this conclusion, Pascual testified that the Guatemalan government has never “provided for school or anything” for Mayans, JA 51, testimony that his father bolstered in noting that the Guatemalan government is “uncaring” toward indigenous peoples, JA 73. The State Department’s report on Guatemala provides some support for these conclusions, noting that indigenous peoples are “outside the country’s political, economic, social, and cultural mainstream,” JA 209, and have “limited educational opportunities and fewer employment opportunities,” JA 210. Yet economic stratification and deficient government support, regrettable though they are, do not establish a cognizable ease of persecution. See Daneshvar v. Ashcroft, 355 F.3d 615, 624 (6th Cir.2004) (rejecting an asylum claim based on general claims of human rights violations and economic disadvantages).

Making matters more difficult, Pascual has failed to show that, even if he had a[*489] reasonable fear of persecution m certain portions of the country, he could not “avoid persecution by relocating to another part of [his] country,” something that “it would be reasonable to expect [him] to do.” 8 C.F.R § 1208.18(b)(2)(n); see also In re Acosta, 19 I. & N. Dec. 211, 235 (BIA 1985), modified on other grounds by In re Mogharrabi, 19 I. & N. Dec. 439 (BIA 1987). The record indicates that Pascual could reasonably and safely return to live in Barrías, the “very quiet” mountainous region where members of his family have lived since 1991. JA 52. Although Pascual states that “[t]here is nothing there,” JA 52, the fact that members of his family reside in Barrías makes it reasonable to expect him to be able to do so as well. When Pascual was asked whether he could safely return to Barrías, he evaded the question by responding that he is the “main support of [his] children [who] would suffer damages.” JA 52-53. His answer implies that it would be safe to return there and, more significantly, makes it clear that Pascual’s fear of returning to Guatemala is not borne of a risk of political persecution but of economic and familial harm. While we have considerable sympathy for Pascual’s plight, it does not suffice to establish eligibility for asylum.

* * * * * *

At oral argument, the helpful counsel for each party acknowledged that Pascual’s parents and employer have independently filed visa petitions on Pascual’s behalf, both of which the government has approved subject to the relevant waiting lists. At some point in the relatively near term, in other words, Pascual and his wife are quite likely to obtain permission to reside in the United States legally. Pascual has now lived here for over 16 years, raised four children in this country and by all accounts conducted himself as a productive member of society. As federal judges, it is of course not our province to do anything but deny the petition for review when that is what the law and our standard of review require. At the same time, however, we see no harm in pointing out the obvious — that, if Pascual and his wife are apt to receive permission to stay in this country soon, it may not make sense for the government to deport them immediately, whether the law permits it to do so or not, in view of the harm deportation will cause their children and family.

III.

For these reasons, we deny the petition for review.