Rolando Lopez Chavez v. Immigr. & Naturalization Serv., 723 F.2d 1431 (9th Cir. 1984). · Go Syfert
Rolando Lopez Chavez v. Immigr. & Naturalization Serv., 723 F.2d 1431 (9th Cir. 1984). Cases Citing This Book View Copy Cite
G Cite
cited 4× by 2 distinct cases, last quoted 1985 · …the board must withhold deportation if certain facts exist at p. 1432
96 citation events (9 in the last 25 years) across 11 distinct courts.
Strongest positive: Donchev v. Mukasey (ca9, 2009-01-16)
Treatment trajectory · 1984 → 2026 · click a year to view as-of
1984 2005 2026
Top citers, strongest first. 48 distinct citers. How cited ↗
discussed Cited as authority (rule) Donchev v. Mukasey
9th Cir. · 2009 · confidence medium
Yet Donchev’s mother remains in Bulgaria, and Don- chev never claimed or testified that she was arrested or even harassed, although she also has visible friendships with the Roma.58 56 Id. 57 See Ctr. for Documentation & Info. on Minorities in Europe — South- east Europe, Roma of Bulgaria 5. 58 Cf. Aruta v. INS, 80 F.3d 1389, 1395 (9th Cir. 1996) (approving the use of “family evidence and the inferences drawn from it” to support the agency’s decision); Chavez v. INS, 723 F.2d 1431, 1434 (9th Cir. 1984) (noting that the family had remained in the country and not been harassed). 672 DO…
discussed Cited as authority (rule) Donchev v. Mukasey (2×)
9th Cir. · 2009 · confidence medium
Cf. Aruta v. INS, 80 F.3d 1389, 1395 (9th Cir.1996) (approving the use of “family evidence and the inferences drawn from it” to support the agency's decision); Chavez v. INS, 723 F.2d 1431, 1434 (9th Cir.1984) (noting that the family had remained in the country and not been harassed). .
discussed Cited as authority (rule) Dragan Petrovic v. Immigration and Naturalization Service (2×)
7th Cir. · 2000 · confidence medium
See Bradvica v. INS, 128 F.3d 1009, 1013 (7th Cir.1997); Chavez v. INS, 723 F.2d 1431, 1434 (9th Cir.1984); Sanchez v. INS, 707 F.2d 1523, 1527 (D.C.Cir.1983).
cited Cited as authority (rule) Petrovic, Dragan v. INS
7th Cir. · 2000 · confidence medium
See Bradvica v. INS, 128 F.3d 1009, 1013 (7th Cir. 1997); Chavez v. INS, 723 F.2d 1431, 1434 (9th Cir. 1984); Sanchez v. INS, 707 F.2d 1523, 1527 (D.C.
discussed Cited as authority (rule) Francisco Lucas Rodriguez-Roman v. Immigration and Naturalization Service (2×)
9th Cir. · 1996 · confidence medium
See Estrada v. INS, 775 F.2d 1018, 1021-22 (9th Cir.1985) ("The absence of harassment of an alien's family tends to reduce the probability of persecution."); see also Mendez-Efrain v. INS, 813 F.2d 279, 282 (9th Cir.1987) (noting that petitioner provided no evidence of threats, harassment or violence against his family); Chavez v. INS, 723 F.2d 1431, 1434 (9th Cir.1984)
discussed Cited as authority (rule) Vivian C. ARUTA, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent (2×)
9th Cir. · 1996 · confidence medium
As we had done in previous cases, we approved the use of such family evidence and the inferences drawn from it, stating that "it does substantially support the agency decision." Id. at 282 ; see also Estrada v. INS, 775 F.2d 1018, 1021-22 (9th Cir.1985) ("The absence of harassment of an alien's family tends to reduce the probability of persecution."); Chavez v. INS, 723 F.2d 1431, 1434 (9th Cir.1984) ("In addition, Lopez's family has remained in El Salvador and has not been harassed."); Marroquin-Manriquez v. INS, 699 F.2d 129, 134 (3d Cir.1983) ("We note the evidence that petitioner's family …
cited Cited as authority (rule) Valli Kandiah Ravindran v. Immigration and Naturalization Service
1st Cir. · 1992 · confidence medium
See Mendez-Efrain, 813 F.2d at 282 ; Chavez v. I.N.S., 723 F.2d 1431, 1434 (9th Cir.1984); Martinez-Romero v. I.N.S., 692 F.2d 595, 595-96 (9th Cir.1982).
discussed Cited as authority (rule) Carmen Gomez v. Immigration and Naturalization Service
2d Cir. · 1991 · confidence medium
See, e.g., Sanchez-Trujillo, 801 F.2d at 1574-77 ; cf. Vides-Vides v. INS, 783 F.2d 1463, 1467 (9th Cir.1986); Zepeda-Melendez v. INS, 741 F.2d 285, 290 (9th Cir.1984); Chavez v. INS, 723 F.2d 1431, 1434 (9th Cir.1984).
discussed Cited as authority (rule) Rafael Figeroa, A/K/A Rafael Najarro-Morales v. U.S. Immigration & Naturalization Service
4th Cir. · 1989 · confidence medium
See, e.g., Zepeda-Melendez v. INS, 741 F.2d 285, 290 (9th Cir.1984) (deportation upheld for El Salvadoran recruited because of strategic location of his family’s house); Chavez v. INS, 723 F.2d 1431, 1434 (9th Cir.1984) (deportation upheld for El Salvadoran threatened because he had been an armed security guard); Chatila v. INS, 770 F.2d 786, 790 (9th Cir.1985) (deportation upheld for Chilean because he did not testify that “specific threats had been made against his life or freedom” or that "he had ever been persecuted" because of his political activity); Diaz-Escobar v. INS, supra, at …
cited Cited as authority (rule) Genaro Hermino Rodriguez-Rivera v. U.S. Department of Immigration and Naturalization
9th Cir. · 1988 · confidence medium
See Espinoza-Martinez v. INS, 754 F.2d 1536, 1540 (9th Cir.1985); Chavez v. INS, 723 F.2d 1431, 1434 (9th Cir.1984).
discussed Cited as authority (rule) Olimpia Lazo-Majano v. Immigration & Naturalization Service (2×)
9th Cir. · 1987 · confidence medium
Chavez v. INS, 723 F.2d 1431, 1432 (9th Cir.1984); McMullen v. INS, 658 F.2d 1312, 1316 (9th Cir.1981).
cited Cited as authority (rule) Antonio Mendez-Efrain v. Immigration & Naturalization Service
9th Cir. · 1987 · confidence medium
See, e.g., Estrada v. INS, 775 F.2d 1018, 1021-22 (9th Cir.1985); Chavez v. INS, 723 F.2d 1431, 1434 (9th Cir.1984).
examined Cited as authority (rule) Luis Alonzo Sanchez-Trujillo, and Luis Armando Escobar-Nieto v. Immigration and Naturalization Service (3×) also: Cited "see", Cited "see, e.g."
9th Cir. · 1986 · confidence medium
See, e.g., Zepeda-Melendez v. INS, 741 F.2d 285, 290 (9th Cir.1984) (alien’s “status as a young urban male unallied with either faction” in El Salvador was “not specific enough for political asylum”); Chavez v. INS, 723 F.2d 1431, 1434 (9th Cir.1984) (alien’s “status as a ‘young urban male’ is not specific enough for asylum”); see also Vides-Vides v. INS, 783 F.2d 1463, 1467 (9th Cir.1986) (quoting Chavez, 723 F.2d at 1434 ).
discussed Cited as authority (rule) Marvin O. Cruz-Lopez v. Immigration and Naturalization Service (2×)
4th Cir. · 1986 · confidence medium
See Zededa-Melendez v. INS, 741 F.2d 285, 290 (9th Cir.1984) (deportation upheld for El Salvadoran recruited because of the strategic location of his family’s house); Chavez v. INS, 723 F.2d 1431, 1434 (9th Cir.1984) (deportation upheld for El Salvadoran threatened because he had been an armed security guard).
examined Cited as authority (rule) Efrain Antonio Rebollo-Jovel v. Immigration and Naturalization Service (4×) also: Cited "see, e.g."
9th Cir. · 1986 · confidence medium
See Espinoza-Martinez, 754 F.2d at 1540 ; Chavez v. INS, 723 F.2d 1431, 1433-34 (9th Cir.1984) (Chavez).
cited Cited as authority (rule) Shamel Yousif v. Immigration and Naturalization Service
6th Cir. · 1986 · confidence medium
Dolores v. INS, 772 F.2d 223, 225 (6th Cir.1985) (per curiam); Chavez v. INS, 723 F.2d 1431, 1433 (9th Cir.1984).
discussed Cited as authority (rule) Luis Vides-Vides v. Immigration & Naturalization Service
9th Cir. · 1986 · confidence medium
In Chavez v. INS, 723 F.2d 1431, 1433 (9th Cir.1984), the petitioner claimed that he faced persecution in part because he was a “young urban male neither in the military nor with the guerrillas.” We rejected this argument, stating: [Petitioner’s] status as a “young urban male” is not specific enough for political asylum.
discussed Cited as authority (rule) Elvira Magallanes-Damian v. Immigration & Naturalization Service, Monica Gallegos-Ares v. Immigration & Naturalization Service, Marisol Montero v. Immigration & Naturalization Service, Candalaria Garcia-Quesada v. Immigration & Naturalization Service, Jose Gallegos-Arrez v. Immigration & Naturalization Service, Engracia Saucedo-De Gallegos v. Immigration & Naturalization Service, Lucia Solis De Garcia v. Immigration & Naturalization Service
9th Cir. · 1986 · confidence medium
See INS v. Rios-Pineda, --- U.S. ----, 105 S.Ct. 2098, 2101 , 85 L.Ed.2d 452 (1985) (citing INS v. Phinpathya, 464 U.S. 183 , 104 S.Ct. 584 , 588 n. 5, 78 L.Ed.2d 401 (1984)); Chavez v. INS, 723 F.2d 1431, 1433 (9th Cir.1984). 10 Deportation hearings are deemed to be civil, not criminal, proceedings and thus not subject to the full panoply of procedural safeguards accompanying criminal trials.
cited Cited as authority (rule) Hernan Canjura-Flores v. Immigration and Naturalization Service
9th Cir. · 1986 · confidence medium
Stevie, 104 S.Ct. at 2496 n. 15; Chavez v. INS, 723 F.2d 1431, 1432 (9th Cir.1984).
discussed Cited as authority (rule) Magallanes-damian v. Immigration & Naturalization Service
9th Cir. · 1986 · confidence medium
See INS v. Rios-Pineda, — U.S.-, 105 S.Ct. 2098, 2101 , 85 L.Ed.2d 452 (1985) (citing INS v. Phinpathya, 464 U.S. 183 , 104 S.Ct. 584 , 588 n. 5, 78 L.Ed.2d 401 (1984)); Chavez v. INS, 723 F.2d 1431, 1433 (9th Cir.1984).
cited Cited as authority (rule) Hamid Bahramnia v. United States Immigration and Naturalization Service
5th Cir. · 1986 · confidence medium
Chavez v. I.N.S., 723 F.2d 1431, 1432-33 (9th Cir.1984). 15 .
discussed Cited as authority (rule) Salvador Del Valle v. Immigration and Naturalization Service (2×) also: Cited "see"
9th Cir. · 1985 · confidence medium
Nonetheless, this evidence does suggest that his family has been particularly affected by the conditions in their country, see Chavez v. INS, 723 F.2d at 1434 (no evidence that asylum applicant’s family had been harassed since applicant’s departure from El Salvador indicates it is less likely that applicant will be subject to persecution upon his return); Sanchez v. INS, 707 F.2d 1523, 1527-28 (D.C.Cir.1983) (lack of evidence that applicant’s family had ever been interrogated, arrested, imprisoned or persecuted indicates it is unlikely applicant will be persecuted), and helps support Del…
discussed Cited as authority (rule) Jose Garcia-Ramos v. Immigration and Naturalization Service
9th Cir. · 1985 · confidence medium
In all our recent cases, we have decided either that the evidence supports relief under both sections 243(h) and 208(a), see, e.g., Argueta, 759 F.2d at 1397-98 ; Bolanos-Hernan-dez, 767 F.2d at 1288 ; Zavala-Bonilla v. INS, 730 F.2d 562 , 563-64 nn. 1 & 2, 567 (9th Cir.1984), or that the evidence supports neither form of relief, see, e.g., Saballo-Cortez v. INS, 761 F.2d 1259, 1262 (9th Cir.1985); Espinoza-Martinez, 754 F.2d at 1540 ; Chavez v. INS, 723 F.2d 1431, 1433 (9th Cir.1984). 6 .
discussed Cited as authority (rule) Carlos Antonio Estrada v. Immigration and Naturalization Service (2×)
9th Cir. · 1985 · confidence medium
Espinoza-Martinez v. INS, 754 F.2d at 1540 ; see Zepeda-Melendez v. INS, 741 F.2d 285, 290 (9th Cir.1984); Chavez v, INS, 723 F.2d 1431, 1434 (9th Cir.1984); Shoaee v. INS, 704 F.2d 1079, 1084 (9th Cir.1983).
examined Cited as authority (rule) Bertil Sagermark, Francisca Walters Mazariegos v. Immigration and Naturalization Service (3×) also: Cited "see"
9th Cir. · 1985 · confidence medium
Because the granting of asylum to those who qualify as “refugees” under the “well-founded fear” test is still discretionary, see § 1158(a) and INS v. Stevic, 104 S.Ct. at 2497 n. 18, whereas an alien who satisfies the “clear probability” test is automatically entitled to withholding of deportation, see Chavez v. INS, 723 F.2d 1431, 1432 (9th Cir.1984); McMullen v. INS, 658 F.2d 1312, 1316 (9th Cir.1981), it is logical that the former test is less stringent.
discussed Cited as authority (rule) ACOSTA
unknown court · 1985 · confidence medium
See, e.g., Bolanos-Hernandez v. INS, supra, at 1324; Daily v. INS, 744 F.2d 1191, 1196 (6th Cir. 1984); Carvajal- Munoz v. ENS, supra, at 577-79; Chavez v. INS, 723 F.2d 1431, 1433-34 (9th Cir. 1984); Shoaee v. INS, 704 F.2d 1079, 1083-84 (9th Cir. 1983).
discussed Cited as authority (rule) SANCHEZ AND ESCOBAR
unknown court · 1985 · confidence medium
Furthermore, the tragic and wide- spread savage violence affecting all Salvadorans as the result of civil strife and anarchy is not persecution. 7,epeda- M-Plandez v_ TNS, 741 F.2d 285, 289-90 (9th Cir. 1984); Chavez v. INS, 723 F.2d 1431, 1434 (9th Cir. 1984); Sanchez v. INS, 707 F.2d 1523, 1526-28 (D.C.
discussed Cited as authority (rule) Beatrice Ananeh-Firempong v. Immigration and Naturalization Service (2×) also: Cited "see, e.g."
1st Cir. · 1985 · confidence medium
See, e.g., Chavarria v. INS, 722 F.2d 666, 668 (11th Cir.1984); Sanchez v. INS, 707 F.2d 1523, 1527-28 (D.C.Cir.1983); Shoaee v. INS, 704 F.2d 1079, 1084 (9th Cir. 1983); Chavez v. INS, 723 F.2d 1431, 1434 (9th Cir. 1984); Fleurinor v. INS, 585 F.2d 129, 134 (5th Cir.1978); In re Martinez-Romero, supra, at 79; see also Handbook, supra, p 43, at 13 (threat of persecution "need not be based on the applicant's own personal experience.... [Evidence concerning] relatives and other members of the same racial or social group may well show that his fear ... of persecution is well founded.").
discussed Cited as authority (rule) Espectacion Bolanos-Hernandez v. Immigration & Naturalization Service (2×)
9th Cir. · 1985 · confidence medium
Although we have previously held that "mere assertions of possible fear” are insufficient, see Shoaee v. INS, 704 F.2d 1079, 1084 (9th Cir. 1983), none of our past cases has required us to define precisely the term "well-founded fear.” See Zavala-Bonilla v. INS, 730 F.2d 562 , 564 n. 1 (9th Cir. 1984); Chavez v. INS, 723 F.2d 1431, 1433 (9th Cir. 1984).
cited Cited as authority (rule) Mohammad Asad Sangabi v. U.S. Immigration and Naturalization Service
9th Cir. · 1985 · confidence medium
Chavez v. INS, 723 F.2d 1431, 1433 (9th Cir.1984); Shoaee v. INS, 704 F.2d 1079 , 1084 n. 4 (9th Cir.1983). *376 III.
discussed Cited as authority (rule) Gustavo A. Saballo-Cortez v. Immigration and Naturalization Service (2×)
9th Cir. · 1985 · confidence medium
Chavez v. INS, 723 F.2d 1431, 1432 (9th Cir.1984); McMullen v. INS, 658 F.2d 1312, 1316 (9th Cir.1981). 3 The BIA’s decision relies upon three grounds.
discussed Cited as authority (rule) Jose Antonio Espinoza-Martinez v. Immigration and Naturalization Service (2×)
9th Cir. · 1985 · confidence medium
See Zepeda-Melendez, 741 F.2d at 290 ; Chavez v. INS, 723 F.2d 1431, 1434 (9th Cir.1984); Shoaee v. INS, 704 F.2d 1079, 1084 (9th Cir.1983); Sanchez v. INS, 707 F.2d 1523, 1526-1527 (D.C.Cir.1983).
discussed Cited as authority (rule) Gustavo A. Saballo-Cortez v. Immigration and Naturalization Service (2×)
9th Cir. · 1984 · confidence medium
Chavez v. INS, 723 F.2d 1431, 1432 (9th Cir.1984); McMullen v. INS, 658 F.2d 1312, 1316 (9th Cir.1981).
examined Cited as authority (rule) Bolanos-Hernandez v. Immigration & Naturalization Service (3×)
9th Cir. · 1984 · confidence medium
See Stevic, 104 S.Ct. at 2496 n. 15; Chavez v. INS, 723 F.2d 1431, 1432 (9th Cir.1984); McMullen v. INS, 658 F.2d 1312, 1316 (9th Cir.1981). 7 Thus, the term used to describe the discretionary form of relief available under the former version of the statute — “withholding of deportation” —does not fit the operational scheme now set forth in the statute.
discussed Cited as authority (rule) Imad Selim Nasser v. Immigration and Naturalization Service (2×)
6th Cir. · 1984 · confidence medium
Instead, as the immigration judge properly noted, Nasser was required to introduce credible evidence in support of his subjective fears or show other "special circumstances," Chavez v. INS, 723 F.2d 1431, 1434 (9th Cir.1984); Martinez-Romero v. INS, 692 F.2d 595, 595-96 (9th Cir.1982), which would entitle him to relief under the Act.
cited Cited as authority (rule) Hotel & Restaurant Employees Union, Local 25 v. Smith
D.D.C. · 1984 · confidence medium
Chavez v. INS, 723 F.2d 1431, 1434 (9th Cir.1984); Sanchez v. INS, 707 F.2d 1523, 1527 (D.C.Cir.1983); *513 Martinez-Romero v. INS, 692 F.2d 595, 596 (9th Cir.1982).
cited Cited as authority (rule) Ghazwan and Nashwan Dally, Tarik Jerjis Khamou and Sabiha Hermiz, Asam J. Satto and Lamia K. Satto v. Immigration and Naturalization Service
6th Cir. · 1984 · confidence medium
Chavez v. Immigration and Naturalization Service, 723 F.2d 1431, 1434 (9th Cir.1984); Martinez-Romero v. Immigration and Naturalization Service, 692 F.2d 595, 595-96 (9th Cir.1982).
cited Cited as authority (rule) Elisida Zavala-Bonilla v. Immigration and Naturalization Service
9th Cir. · 1984 · confidence medium
The Board must withhold deportation if certain facts exist .... ” Chavez v. I.N.S., 723 F.2d 1431, 1432 (9th Cir.1984).
discussed Cited "see" Balfre Victoriano-Huachin v. William Barr
9th Cir. · 2019 · signal: see · confidence high
See Chavez v. I.N.S., 723 F.2d 1431, 1434 (9th Cir. 1984). 3 17-70498 the substantial evidence standard, “Petitioner must show that the evidence not only supports, but compels the conclusion that these findings and decisions are erroneous.” Cordon-Garcia v. I.N.S., 204 F.3d 985, 990 (9th Cir. 2000).
discussed Cited "see" Romero v. Lynch
9th Cir. · 2016 · signal: see · confidence high
See Chavez v. INS, 723 F.2d 1431, 1434 (9th Cir.1984) (no prima facie eligibility for asylum because “tragic and widespread danger of violence affecting all Salvadorians is not persecution”); see also Zetino v. Holder, 622 F.3d 1007, 1016 (9th Cir.2010) (petitioner’s desire to be free from random violence by gang members bears no nexus to a protected ground).
cited Cited "see" Esteban Maldonado Diaz v. Eric Holder, Jr.
9th Cir. · 2014 · signal: see · confidence high
See Chavez v. INS, 723 F.2d 1431, 1434 (9th Cir.1984).
discussed Cited "see" Jose Santos Quintanilla-Ticas, Yolanda Leticia Chavez-Quintanilla, Rina Edith Quintanilla-Chavez v. Immigration & Naturalization Service
9th Cir. · 1986 · signal: see · confidence high
See Chavez v. Immigration & Naturalization Service, 723 F.2d 1431, 1433 (9th Cir.1984) (affirming denial of motion to reopen asylum claim; noting that upon return to El Salvador petitioner would no longer work as security guard or wear his uniform).
discussed Cited "see" Jose Enrique Lopez v. Immigration and Naturalization Service (2×)
9th Cir. · 1985 · signal: see · confidence high
See Chavez v. INS, 723 F.2d 1431, 1434 (9th Cir.1984).
cited Cited "see" CHICAS
BIA · 1984 · signal: see · confidence high
See Chavez v. INS, 723 F.2d 1431 (9th Cir. 1984); Martinez Romero v. INS, 692 F.2d 595 (9th Cir. - 1982).
cited Cited "see, e.g." Silvio Augusto Lima Carneiro v. Attorney General United States of America
3rd Cir. · 2025 · signal: see, e.g. · confidence low
See, e.g., Chavez v. INS, 723 F.2d 1431 (9th Cir. 1984); Ananeh-Firempong v. INS, 766 F.2d 621 (1st Cir. 1985). 6 Which, at the time, was viewed as an appropriate reference.
discussed Cited "see, e.g." Xiao Yan Weng v. Mukasey
9th Cir. · 2009 · signal: see also · confidence medium
See Ochoa v. Gonzales, 406 F.3d 1166, 1170 (9th Cir.2005) (“Key to establishing a particular social group is ensuring that the group is narrowly defined.”) (internal quotation omitted); see also Chavez v. INS, 723 F.2d 1431, 1434 (9th Cir.1984) (alien’s “status as a ‘young urban male’ is not specific enough for asylum”).
discussed Cited "see, e.g." Xiao Yan Weng v. Mukasey
9th Cir. · 2009 · signal: see also · confidence medium
See Ochoa v. Gonzales, 406 F.3d 1166, 1170 (9th Cir.2005) (“Key to establishing a particular social group is ensuring that the group is narrowly defined.”) (internal quotation omitted); see also Chavez v. INS, 723 F.2d 1431, 1434 (9th Cir.1984) (alien’s “status as a ‘young urban male’ is not specific enough for asylum”).
cited Cited "see, e.g." Baria v. Leno
D. Haw. · 1994 · signal: see also · confidence medium
McMullen v. INS, 658 F.2d 1312, 1316 (9th Cir.1981); see also Chavez v. INS, 723 F.2d 1431, 1432 (9th Cir.1984) (actual findings of BIA reviewed under substantive evidence standard).
Retrieving the full opinion text from the archive…
Rolando Lopez CHAVEZ, Petitioner,
v.
IMMIGRATION AND NATURALIZATION SERVICE, Respondent
82-7459.
Court of Appeals for the Ninth Circuit.
Jan 19, 1984.
723 F.2d 1431
1984 U.S. App. LEXIS 26288
Margaret Popkin, Los Angeles, Cal., for petitioner., George H. Wu, Los Angeles, Cal., for respondent.
Swygert, Nelson, Canby.
Cited by 66 opinions  |  Published
Pinpoint authority: bottom 55%
CANBY, Circuit Judge:

Lopez, a 32-year-old citizen of El Salvador, entered the United States without inspection in March, 1981. At his deportation hearing, Lopez requested an opportunity to file an application for political asylum. Lopez did not file his application before either of two deadlines set by the Immigration Judge (IJ). The IJ entered an order of deportation. After the time allowed for appeal had expired, Lopez filed a motion to reopen his deportation proceedings in order to file an application for asylum. Following review of the application by the Department of State, the IJ denied the motion to reopen and the Board of Immigration Appeals (BIA or Board) dismissed Lopez’s appeal. We have jurisdiction under 8 U.S.C. § 1105a; we uphold the decision of the Board and deny the petition for review.

ANALYSIS

Lopez argues that the IJ and BIA improperly refused to reopen his deportation proceeding to entertain his request for asylum. He contends the IJ applied the wrong legal standard when he improperly reviewed his petition on the merits. Finally, Lopez asserts that procedural failings in the administrative proceedings below violated the Fifth Amendment and at least require reopening.

Motion to Reopen

Lopez asserts that the IJ and BIA committed an abuse of discretion by denying his motion to reopen. He contends that a less rigorous showing is required for petitions to reopen involving nondiscretionary relief.

The 1980 amendment of Section 243(h) of the Immigration and Nationality Act of 1952, 8 U.S.C. § 1253(h) (Supp. V 1981), removed the granting of political asylum from within the discretion of the BIA. The Board must withhold deportation if pertain facts exist; this court then reviews the factual findings of the BIA under the “substantial evidence” test. McMullen v. INS, 658 F.2d 1312, 1316 (9th Cir.1981); accord Reyes v. INS, 693 F.2d 597, 600 (6th Cir.1982) (per curiam). Contra Marroquin-Manriquez v. INS, 699 F.2d 129,133 n. 5 (3d Cir.1983) (abuse of discretion standard of review applies). Lopez argues that a motion to reopen involving asylum claims must be granted unless the claim is merely frivolous. See Stevic v. Sava, 678 F.2d 401, 409[*1433] (2d Cir.1982), cert. granted, _ U.S. _, 103 S.Ct. 1249, 75 L.Ed.2d 479 (1983) (“His claim is not so frivolous that it should not be tested in a plenary hearing under the legal standards established by the [United Nations] Protocol [Relating to the Status of Refugees, 19 U.S.T. 6257, 606 U.N.T.S. 268]”) (footnote omitted). In addition, Lopez contends that 8 C.P.R. § 208.11 (1983), which governs requests for asylum made after the conclusion of a deportation hearing, mandates a lesser standard for motions to reopen involving asylum claims than the usual standard in 8 C.F.R. § 242.22 (1983).

The regulation cited by Lopez, however, does not allow for a lesser showing for reopening to entertain asylum claims. Instead, 8 C.F.R. § 208.11 cites 8 C.F.R. §§ 103.5 and 242.22 as the basis for any motion to reopen. We have therefore held that it is within the discretion of the BIA to determine whether a proceeding should be reopened for an asylum claim. Samimi v. INS, 714 F.2d 992, 994 (9th Cir.1983). Other circuits, disagreeing with Stevie, have concluded that the BIA’s denials of reopening in such cases must be reviewed under an abuse of discretion standard. Minwalla v. INS, 706 F.2d 831, 834 (8th Cir.1983); see Sanchez v. INS, 707 F.2d 1523, 1527 n. 9 (D.C.Cir.1983) (per curiam). In order to be entitled to a reopening, the petitioner must make a prima facie showing that he is eligible for asylum. Samimi, 714 F.2d at 994.

Prima Facie Case

Lopez next asserts that even if a prima facie case is required, he made a sufficient showing that his “life or freedom would be threatened in [El Salvador] on account of race, religion, nationality, membership in a particular social group, or political opinion.” 8 U.S.C. § 1253(h). The parties here (and the circuits) dispute whether recent changes in the law have altered the showing required. Compare Stevic, 678 F.2d at 405-06 (“good reason” to fear persecution), and Reyes, 693 F.2d at 600 (same), with Rejaie, 691 F.2d at 146 (“well-founded fear” and “clear probability of persecution” standards are equivalent), and Kashani v. INS, 547 F.2d 376, 379 (7th Cir.1977) (same). As in our recent case of Shoaee v. INS, 704 F.2d 1079, 1084 (9th Cir.1983), however, we conclude that we need not settle the arguments over standards because Lopez’s claim would fail even under the “somewhat more generous” standard in Stevie. See also Minwalla, 706 F.2d at 835 n. 2 (same).

Lopez’s application for asylum stated that three or four men threatened him in the middle of the night by shouting and knocking on his door with the butts of their pistols. He said that he was almost run over by a car with government plates and that another security guard where he worked was killed. He also claimed that he would be suspected of subversion because of his brief membership in a workers’ association nine years ago. Finally, Lopez referred to another Salvadorian who was killed after his repatriation from the United States. In this appeal, Lopez additionally argues that he would suffer persecution because of his membership in particular social groups and because of his political opinions. Specifically, Lopez claims that he faces the threat of persecution because of his former employment as a security guard and by being a young urban male neither in the military nor with the guerrillas.

The BIA reviewed this evidence and concluded that Lopez “has not made a prima facie showing that his fear of being singled out for persecution is well-founded.” We cannot say that this conclusion was an abuse of discretion. In his application, Lopez noted that “anyone who wears a uniform or carries a weapon is assumed to have been a soldier before, and this makes them a target of the guerrillas; and, people are often killed because someone else wants their weapon.” The men who knocked at his door evidently knew Lopez worked as an armed security guard. But Lopez no longer works as a security guard, and danger arising from mere gun ownership would not qualify as persecution within the meaning of § 1253(h). Lopez also admitted that the near-accident with the car could have been a coincidence. Finally, his co-worker had witnessed a murder and Lopez said that the murderer could have wanted to eliminate a potential informant.

[*1434] Lopez’s assertions of potential persecution based on his remote membership in a union are not convincing, nor has he presented any specific evidence of such persecution. See Agustin v. INS, 700 F.2d 564, 565 (9th Cir.1983) (per curiam), Moghanian v. United States Dept. of Justice, 577 F.2d 141, 142 (9th Cir.1978). His status as a “young urban male” is not specific enough for political asylum. “There must be some special circumstances present before relief can be granted.” Martinez-Romero v. INS, 692 F.2d 595, 595-96 (9th Cir.1982). Nor has Lopez set forth any evidence indicating that he has any reason to believe he will in fact be persecuted for his refusal to take sides. See Sanchez, 707 F.2d at 1527. In addition, Lopez’s family has remained in El Salvador and has not been harassed. See Marroquin-Manriquez v. INS, 699 F.2d at 131. The tragic and widespread danger of violence affecting all Salvadorians is not persecution under 8 U.S.C. § 1253(h). Martinez-Romero, 692 F.2d at 595-96. In summary, we cannot say that the BIA abused its discretion, see INS v. Wang, 450 U.S. 139, 144-45, 101 S.Ct. 1027, 1031, 67 L.Ed.2d 123 (1981) (per curiam); Agustin, 700 F.2d 565-66, in concluding that Lopez did not establish a prima facie case. In view of our determination of that issue, we need not address the question whether Lopez explained his failure to raise his claim of asylum in timely fashion. We do note, however, that the record poses serious problems for Lopez in that regard as well.

Administrative Deficiencies

Lopez asserts that the INS improperly failed to give notice of his second deportation hearing to his retained counsel. Six days earlier, however, Lopez in writing informed the IJ that he had dismissed his attorney and was seeking new pro bono representation. There was no violation of 8 C.F.R. § 292.4(a), which governs substitution of new counsel. The regulation does not control Lopez’s decision to seek a new lawyer. Lopez also maintains that the IJ should have had a transcript of the administrative proceeding prepared. However, Lopez did not request the transcript nor raise this issue before the BIA, foreclosing review here. See 8 U.S.C. § 1105(c); Tejeda-Mata v. INS, 626 F.2d 721, 726 (9th Cir.1980), ce rt. denied, 456 U.S. 994, 102 S.Ct. 2280, 73 L.Ed.2d 1291 (1982). Finally, Lopez requests that we require the BIA to consider voluntary departure instead of its order of deportation. Lopez has not shown that the INS violated its regulations or applicable law. See United States v. Calderon-Medina, 591 F.2d 529, 531-32 (9th Cir.1979). We can find no abuse of discretion.

PETITION DENIED.