Although Dr. Nagle testified that the FARC imputes a political opinion to any person who refuses to pay a war tax, this statement is unsupported by the country reports. 5 Petitioner submitted a new affidavit to the Board of Immigration Appeals in which he claimed that he received the death threat in June 1991, rather than 1989, and thus lived in the Philippines for only six months following the threat. at 1490-1491.6 Nor do the decisions of the Second and Third Circuits that petitioner cites (Pet. Petitioner conceded deportability, and sought asylum and withholding of deportation, claiming that he feared persecution by the New People's Army. In any event, substantial evidence supported the Board's decision. Other documentary evidence corroborated that this method of extortion is common. at 1062, and, in particular, Chang's effort to protect others from punishment by the Chinese government, id. . A refugee is any person who is outside any country of such person's nationality who is unwilling to return to that country 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. Respectfully submitted. Cardona Rivera heard the shots from an adjacent building. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 27 0 obj C, Tit. Contact us. Pet. We disagree. (Commerce) commerce to give (a notional value) to goods or services when the real value is unknown.

40 0 obj Off. I accordingly concur in the judgment. 8 U.S.C. The FARC committed violence against the petitioners' family only after they refused to pay the tax for several years, long after the FARC would have imputed a political opinion to Cardona Rivera's father. 208.16(b) (1996) (applicant bears the burden of proof of eligibility for withholding). <> persecution . Jan. 1992) (UNHCR Handbook). App. . We have held, however, that forced recruitment by a revolutionary army is "a deprivation of liberty" that "would amount to persecution." Withholding only bars deporting an alien to a particular country; asylum permits an alien to remain in the United States and to apply for permanent residency after one year. Oscar Marino Cardona RIVERA, Martha Isabel Villegas Agudelo, Diego Fernando Cardona Villegas, Monica Isabel Cardona Villegas, Andres Mauricio Cardona Villegas, Petitioners, v. U.S. ATTORNEY GENERAL, Respondent. The 1996 Act replaced 8 U.S.C. A.R. A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. typhoon belt countries; two girls and a guy; mel e learning elysium WebThis is called an imputed political opinion. We also have held that [i]t is not enough to show that [the petitioner] was or will be persecuted or tortured due to [the petitioner's] refusal to cooperate with the guerillas. Sanchez v. U.S. Att'y Gen., 392 F.3d 434, 438 (11th Cir.2004). In the Supreme Court of the United States OCTOBER TERM, 1998 FRANCISCO CHAVEZ MISOLA, PETITIONER v. IMMIGRATION AND NATURALIZATION SERVICE ON PETITION FOR A WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT BRIEF FOR THE RESPONDENT IN OPPOSITION SETH P. WAXMAN Solicitor General Counsel of Record DAVID W. OGDEN Acting Assistant Attorney General DONALD E. KEENER DAVID M. MCCONNELL LINDA S. WENDTLAND LAURA A. SMITH Attorneys Department of Justice Washington, D.C. 20530-0001 (202) 514-2217 QUESTION PRESENTED Whether substantial evidence supports the Board of Immigration Appeals' determination that petitioner failed to meet his burden of proving eligibility for asylum and withholding of deportation. . . See id. The petition was timely filed as provided by 8 U.S.C. Withholding deportation is distinct from granting asylum. Ibid. The BIA's factual decision that an alien has not established eligibility for asylum and withholding of deportation is reviewed under the substantial evidence standard. 30 0 obj After deciding not to pay the war taxes, petitioner abandoned his farm and fled with the assistance of some members of the local police. App. The applicant must show that her persecution was or will be on account of one of the categories protected under 8 U.S.C. See IIRIRA, Div. at 10. Id. 1253(h)(1). Pet. 31,947 (1998) ("The Board and the Federal courts have long acknowledged the requirement of countrywide persecution as an integral component of the refugee definition, which cannot be met if the applicant reasonably could be expected to seek protection by relocating to another part of the country in question."). 8 C.F.R. The panel unanimously finds this case suitable for decision without oral argument. WebReturns false if all or part of the data was queued in the user With such timeouts in place, you can be reasonably sure that You should also find out the 95th and 99th percentile response times. Elias-Zacarias, 502 U.S. at 483-84. 9). Office of the Solicitor General Her testimony is not so persuasive as to compel the conclusion that they retaliated against because of her political neutrality. In a case of mistaken identity, for example, a person could be persecuted for simply sharing the same name as Quite the opposite, within the Ninth Circuit, petitioner's claim would have been governed by Sangha v. INS, supra, where the Ninth Circuit, like the Fourth Circuit here, declined to apply the imputed political opinion rationale in the absence of any specific evidence that the persecutors acted out of an animus towards the alien's perceived political views. If an applicant is unable to meet the well-founded fear standard for asylum, he is generally precluded from qualifying for either asylum or withholding of [removal]. Nkacoang v. INS, 83 F.3d 353, 355 (11th Cir.1996); see also Mazariegos v. U.S. Att'y Gen., 241 F.3d 1320, 1324 n. 2 (11th Cir.2001). 1990) (pointing out that acceptance of neutrality as a political opinion "would create a sinkhole that would swallow the rule"); Cruz-Lopez v. INS, 802 F.2d 1518, 1520 n. 3 (4th Cir. In sum, findings of fact made by administrative agencies, such as the BIA, may be reversed by this [C]ourt only when the record compels a reversal; the mere fact that the record may support a contrary conclusion is not enough to justify a reversal of the administrative findings. Id. Cardona Rivera confronted the killers who pointed a gun at him as they fled the scene. 98-1090 FRANCISCO CHAVEZ MISOLA, PETITIONER v. IMMIGRATION AND NATURALIZATION SERVICE ON PETITION FOR A WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT BRIEF FOR THE RESPONDENT IN OPPOSITION OPINIONS BELOW The opinion of the court of appeals (Pet. App. 104-208, 307(a) (1996). <> at 34. The Board dismissed petitioner's appeal. Pet. The Immigration Judge found that neither Cardona Rivera nor any of his family members held positions in the Liberal Party or the Colombian government. The petitioners employ two theories to establish a nexus between their fear of persecution by the FARC and their actual or imputed political opinion. Rule 34(a), Federal Rules of Appellate Procedure; Rule 34-4, Ninth Circuit Rules. Dr. Nagle also testified that the FARC selects targets based on their income, not their politics. App. Pet. 2 In this brief, unless otherwise indicated, all references to Title 8 refer to the 1994 main edition, which was in effect at the time this case arose. Elias-Zacarias, 502 U.S. at 483 n. 2, 112 S.Ct. The denial of an application for asylum ordinarily requires the denial of an application for withholding of removal. [39 0 R 42 0 R 44 0 R 45 0 R 46 0 R 47 0 R 48 0 R 49 0 R 50 0 R 51 0 R] See 8 C.F.R. at 34. The Immigration Judge found the petitioners to be credible and determined that the FARC was behind the threats and murders against their family but concluded that these incidents did not lay a basis for past persecution on account of political opinion. Petitioner is a native and citizen of the Philippines. endobj Just one more thing should also be asked to flesh out imputed political opinion as a possible motive, as in the above-cited Hernandez-Chacon case. Webportland rainfall totals by year; stibo step api documentation; puppy umbilical cord pulled out; are autopsy reports public record in florida; nancy cannon latham uuid:2d0b6b0b-acf4-11b2-0a00-0028e71efc7f App. 97-99. In 1981 the guerrilla forces took over Perquin and demanded that she join them and give medical care to their wounded. Vilma Aracely Argueta, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals' ("BIA") denial of her application for asylum and withholding of deportation. Pet. These claims often arise in the gang context, when gang members unable to target a particular individual target family members of that individual instead. 1994),7 the court concluded that, while Guatemalan authorities persecuted union leaders in part for economic reasons, "substantial evidence * * * compel[led] the view that Guatemalan authorities persecuted Osorio because he and his union posed a political threat to their authority via their organized opposition activities," id. In an unpublished decision, the court of appeals denied the petition for review, concluding that substantial evidence supported the Board's decision that petitioner had not established the requisite fear of persecution based on political opinion or other protected characteristics. & N. Dec. 486, 490 (BIA 1996) (in a mixed-motive case, the applicant [must] produce[] evidence from which it is reasonable to believe that the harm was motivated by a protected ground). In Singh v. Holder, 764 F.3d 1153 (9th Cir.2014), we addressed what type of evidence can demonstrate that a persecutor imputed a political opinion to an applicant. See INS v. Cardoza-Fonseca, 480 U.S. 421, 430-441 (1987). See INS v. Elias-Zacarias, 502 U.S. 478, 483 (1992). endobj 6224, and the United Nations High Commissioner for Refugees, Handbook on Procedures and Criteria for Determining Refugee Status Under the 1951 Convention and the 1967 Protocol Relating to the Status of Refugees (rev. Webarmed actors may be in need of international protection on the basis of their political opinion and/or membership of a particular social group or on another Convention grounds, whether real or imputed to the defenders [emphasis added].18 In its Guidelines on International

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