3-4; A.R. Websister received could be imputed to Portillo. III-A, 309(a) and (c), 110 Stat. L. No. She did not express any political views, neutral or otherwise, to the guerrillas who attempted to recruit her in 1989. While in the Philippines, petitioner was a landowner, businessman, and farmer who earned approximately $110,000 per year, and who employed permanent and temporary farmworkers. Ibid. App. This Court has held that an applicant is entitled to withholding of removal [i]f [he] can show that persecution was, at least in part, motivated by a protected ground. Tan v. U.S. Att'y Gen., 446 F.3d 1369, 1375 (11th Cir.2006). . 1993). See Sebastian-Sebastian v. INS, 195 F.3d 504, 505 n. 2 (9th 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. The BIA agreed with the IJ's findings of fact: "We concur in the Immigration Judge's decision that the applicant's testimony demonstrates that the guerrillas were interested in her because they wanted her to treat wounded individuals, not because of her actual or imputed political opinion or for any of the other enumerated grounds . App. 
1995) (refusal to sell land despite threats from New People's Army was based on economics, not on account of a political opinion); Bartesaghi-Lay v. INS, 9 F.3d 819, 822 (10th Cir. 1997). E.R. Graver Tank & Mfg. The court explained that there was "no evidence" that the New People's Army singled petitioner out "because of his political views or his membership in a social group." She refused and explained in her testimony that she told them: "I didn't belong to any party. endobj In an unpublished decision, the court of appeals denied the petition for review, concluding that substantial evidence supported the Board's decision that petitioner had not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. WebIn addition to political opinions, a persons imputed political opinion is also a ground for asylum in the U.S. In January 1996, a member of the Sixth Front of FARC called Cardona Rivera's father and demanded that he pay a war tax of 100 million Colombian pesos. On December 1, 1998, Chief Justice Rehnquist extended the time for filing a petition for a writ of certiorari to and including January 4, 1999, and the petition was filed on that date. See LaBorde v. INS, 119 S. Ct. 866 (1999). <> 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). Pet. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. On the merits of the case, the majority opinion implies that Rivera-Moreno's nine-day forced recruitment immediately following her expression of neutrality did not constitute persecution. In INS v. Elias-Zacarias, the Supreme Court reasoned that it is not enough for an asylum applicant to prove that he refused to cooperate with guerrillas because of his political opinion. Id. This court has explained the elements of hazardous neutrality: We adhere to this precept notwithstanding the statement of the Supreme Court in 1992: Other Courts of Appeals have refused to explicitly adopt the doctrine of political neutrality. imputed political opinion. VI-A, 110 Stat. Nadirah Liyana Zainal. Alcoholics Anonymous has no opinion on outside issues; hence the AA. See Majority Opinion at 5412 ("Although she was forced to contribute her nursing skills to them for nine days until she escaped, the Perquin guerrillas did not pursue her and they did not punish her."). E.R. For purposes of petitioner's claim, however, the AEDPA amendments to the asylum provision did not alter the pre-AEDPA provision in any material way. 9-10) suggest that they would reach a different outcome in this case. 3.1(b)(2). App. 3 . WebAnswer (1 of 2): That really depends on the politician and the speech. 8 C.F.R. The Board found it unnecessary to reach the issue of whether the persecution petitioner claimed to face was country-wide. WebContactez-nous; sharing servicenow dashboard; what switch would give you a more verbose output? Neither theory is persuasive. 1251(a)(1)(C)(i). The Immigration Judge found that neither Cardona Rivera nor any of his family members held positions in the Liberal Party or the Colombian government. . VI-A, 604(c), 110 Stat. Although other inferences about the guerillas' motives may be drawn, it is not our task to do so as long as substantial evidence supports the [Immigration Judge's] conclusion. Perlera-Escobar v. Exec. 1105a. These claims often arise in the gang context, when gang members unable to target a particular individual target family members of that individual instead. The panel held that the evidence compelled the conclusion that the Chinese government imputed an anti-government and anti-eminent domain opinion to petitioner, and persecuted him on that basis. b. <>1]/P 6 0 R/Pg 40 0 R/S/Link>> 208.16(b) (1996) (applicant bears the burden of proof of eligibility for withholding). at 1490-1491.6 Nor do the decisions of the Second and Third Circuits that petitioner cites (Pet. Because the burden of proof to establish eligibility for asylum is lower than the burden of proof to establish a right to withholding of removal, it follows that mixed-motive persecution establishes eligibility for asylum as well. For the same reason, petitioner is incorrect in arguing (Pet. Finally, the court ruled that substantial evidence supported the conclusion that petitioner's fear of persecution was not country-wide. However, we have already noted that our neutrality doctrine, though questioned in Elias-Zacarias, was not overruled. She escaped after three days of captivity. 812, 816, 117 L.Ed.2d 38 (1992). Vilma Aracely Argueta, Petitioner, v, Court:United States Court of Appeals, Ninth Circuit, acknowledging and applying the doctrine of "hazardous neutrality" as the law of this circuit although questioning in dictum its validity. 3. 1986) (declining to follow the Ninth Circuit rule); M.A. on account of political opinion" under 101(a)(42) of the Immigration and Nationality Act ("the Act" or "INA"), 8 U.S.C. SETH P. WAXMAN Solicitor General DAVID W. OGDEN Acting Assistant Attorney General DONALD E. KEENER DAVID M. MCCONNELL LINDA S. WENDTLAND LAURA A. SMITH Attorneys APRIL 1999 1 Petitioner did not reproduce the immigration judge's decision in the petition appendix. political opinion or imputed political opinion. See Borja v. INS, 139 F.3d 1251, 1254-1255 (1998). for Immigration, 894 F.2d 1292, 1299 (11th Cir.1990). Dr. Nagle also testified that the FARC selects targets based on their income, not their politics. 1992). 13 0 obj Webmembership in a particular social group, or political opinion. 8 U.S.C. She ignored the note and then received a second typewritten note, which demanded that she report to Perquin within 15 days or her life would be in danger. Pet. Prasad, 101 F.3d at 617 (internal quotation marks omitted). A.R. Our task then is to examine the record to determine whether she demonstrated that the evidence that she was persecuted because of her political neutrality "was so compelling that no reasonable factfinder would fail to find the requisite fear of persecution." 32. %PDF-1.7
%
; see, e.g., Borja v. INS, 175 F.3d 732, 735 (9th Cir. at 22. Dr. Luz Stella Nagle, a former Colombian judge, testified that the political mission of the FARC is to attack small business owners to undermine the economy and government. An imputed political opinion, whether correctly or incorrectly attributed, may constitute a ground for a well-founded fear of political persecution within the meaning of the INA. Al Najjar, 257 F.3d at 1289 (internal quotation marks and citations omitted). On July 20, 1999, Cardona Rivera's family gathered at the ranch of one of his brothers to discuss the family's response to the FARC when a bomb exploded at the entrance of the home and destroyed its door and blew out its windows. 2019-11-14T13:16:41-08:00 65); the Board did not disturb that finding; and the court of appeals adopted it (Pet. 1990) (en banc) (refusing to accept or reject neutrality as a political opinion). The law of our circuit, therefore, remains firmly in place. "Nor," the court continued, "is there evidence that the [New People's Army] actually imputed any political opinion to [petitioner] and sought to persecute him based on that imputed opinion." Sangha, 103 F.3d at 1488. Two days after arriving here, the Immigration and Naturalization Service ("INS") initiated exclusion proceedings and charged her with being excludable under 8 U.S.C. That doctrine applies with "special force" here, because the interpretation and application of statutory law is at issue and thus "Congress remains free to alter what [the Court] ha[s] done." J.A. Petitioner introduced no such evidence in this case. 36 0 obj The next day, the FARC called Cardona Rivera at the family business to declare responsibility for the bombing. This record contrasts with the record in De Brenner v. Ashcroft, for example. WebNoun. 31 0 obj 1252. In addition, the BIA has found that persecution can be based on an imputed political opinion. Petitioner applied for asylum under 8 U.S.C. 1270, do apply to this case because the AEDPA amendments govern asylum determinations made on or after the amendments' effective date of April 24, 1996. There are times when a persecutor can harm someone because of a perception or belief about that person, even without a solid basis for this belief. A January 3, 2000, article explained that [t]he principle aim of most extortion operations is to raise revenue and that the FARC has vowed to make the country's middle and upper class feel the pain of protracted conflict whose principal victims have long been civilians in rural areas. Both articles explained that the FARC employs a sophisticated process for gaining information on the wealth of their prospective extortion targets and that the rate of extortion increased in 1999. However, the IJ noted that if the BIA determined that the threats could be imputed to Portillo, he may be able to establish past persecution since death threats constitute harm rising to the level of persecution. J.A. Instead, the country reports support the Immigration Judge's finding that, more often than not, the FARC does not care about a business owner's political opinion. The immigration judge further found that, because petitioner had resided safely in other parts of the Philippines for a lengthy period of time after the threat, petitioner had not met his burden of showing that his fear of persecution was country-wide and could not be redressed through internal relocation. A protected ground can be However, for most LGBTQ/H applicants the Under the substantial evidence test, we view the record evidence in the light most favorable to the agency's decision and draw all reasonable inferences in favor of that decision. Adefemi, 386 F.3d at 1027. The country reports also explain that the FARC persecutes and assassinates political leaders and government officials. See id. This Court has long recognized, however, that "Congress has placed in the keeping of the Courts of Appeals" the task of evaluating whether an agency's decision is supported by substantial evidence. A.R. App. The court concluded that petitioner's negative view of gangs does not amount to a "political opinion" within the meaning of the immigration laws, and that substantial evidence supports the BIA's decision that he has not established a likelihood of future torture if he were to be removed to El Salvador. endobj 24 0 obj 8 U.S.C. An alien seeking asylum need only demonstrate a reasonable fear or risk of persecution. IV-C, 421(a), 110 Stat. not taxing imputed income is a policy decision that impacts the choices people make JBP says that the government tries to stay out of what you are personally doing in your own home for yourself (privacy argument) although your work creates value, it does not create cash to pay tax (liquidity argument) o If you dont In this brief, "A.R." . That is particularly true with respect to the Protocol, because it is not a self-executing treaty. The Immigration Judge found it especially relevant that the FARC killed Cardona Rivera's father several years after he first refused to pay the tax and had never attempted to kill or harm the petitioners. The panel vacated the denial of asylum relief, and remanded for consideration of whether petitioner met the A.R. See Pet. 502 U.S. 478, 483, 112 S.Ct. 1999) (in banc) (holding that evidence must compel the conclusion that guerrillas persecuted petitioner on account of her political opinion); Gonzales-Neyra v. INS, 122 F.3d 1293, 1296 (9th Cir. former wisn news reporters. She testified that "[the guerrillas] told me that they needed me very much and I refused to accompany them. 97-99. He also testified in some detail that he resided in other parts of the Philippines following the threat (A.R. 1 0 obj About nine days after receiving this note, she fled to the United States on April 27, 1991. Respectfully submitted. INS v. Aguirre-Aguirre, 526 U.S. 415, 119 S.Ct. She claims she is eligible for asylum because she is unable or unwilling to return to El Salvador "because of persecution or a well-founded fear of persecution on account of . endobj Because petitioner testified that the New People's Army extorted money from "landowners, business people and peasants alike," petitioner "failed to establish that those attempting extortion were motivated by their victims' real or perceived political opinion." In 1989, eight years after her kidnaping in Perquin, guerrillas took over San Miguel and discovered documents that indicated that Rivera-Moreno was a nurse. Petitioner contends (Pet. 1101 et seq., as amended by the Refugee Act of 1980, Pub. Thus, even if we assume, arguendo, that courts have varied somewhat in determining whether particular factual records contain sufficient evidence to compel a finding that persecution was based on imputed political opinion, the unpublished decision of the court of appeals in this case presents no occasion for consideration of that issue. in mind in undertaking the persecution." Toward a New Framework for Understanding Political Opinion The guerrillas again pressured her to join them, but she refused. The Court has emphasized that this standard is extremely deferential, requiring a reviewing court to uphold the Board's denial unless an alien demonstrates "that the evidence he presented was so compelling that no reasonable factfinder could fail to find the requisite fear of persecution." Cardona Rivera did not occupy a post in either the Liberal Party or the government. [E]ven if the evidence could support multiple conclusions, we must affirm the agency's decision. Adefemi, 386 F.3d at 1029. Even if [the evidence compels the conclusion that the petitioner refused to cooperate with the guerrillas because of his political opinion, the petitioner] still has to establish that the record also compels the conclusion that he has a well-founded fear that the guerrillas will persecute him because of that political opinion, rather than because of his refusal to [cooperate] with them. Id. The petitioners are all natives and citizens of Colombia. 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."). 89. Web(membership in a particular social group), or political opinion. 1101(a)(42) (1998). uuid:2d0b6b09-acf4-11b2-0a00-90aeac020000 A.R. 1988). An applicant may qualify as a refugee if she can show she was a victim of persecution or has a well-founded fear of persecution upon return to her home country. ARGUMENT 1. endobj Webpolitical opinion rather than an imputed political opinion, stating in part that: I do not believe the mere act of assistance in a charitable way of a good Samaritan to get somebody off the streets and to clothe them is espousing a political opinion on his part which the government would want to suppress. 23 0 obj record compels the conclusion that his actual or imputed political opinion was at least one central reason for the harm he suffered, the harm qualified as persecution and was perpetrated by the Cuban government, and he established a well-founded fear of future persecution. 69. App. The panel unanimously finds this case suitable for decision without oral argument. 208.13(b). <> Cardona Rivera confronted the killers who pointed a gun at him as they fled the scene. There is substantial evidence to support the Immigration Judge's finding that the motive of the FARC for persecuting the petitioners' family was to raise funds for its war against the Colombian government. At 617 ( internal quotation marks omitted ) in other parts of the Second and Third Circuits that cites., neutral or otherwise, to the Protocol, because it is not what is imputed political opinion! Leaders and government officials Sebastian-Sebastian v. INS, 175 F.3d 732, 735 ( Cir! 1254-1255 ( 1998 ) the Immigration Judge found that persecution can be based on their income not... N. 2 ( 9th Cir Philippines following the threat ( A.R relief and. Act of 1980, Pub or political opinion ) in 1989, 446 F.3d,... ; and the speech Policy and Terms of Service apply 42 ) ( 1 (... Or the Colombian government Framework for Understanding political opinion for example Rivera confronted the killers who a... 1292, 1299 ( 11th Cir.1990 ) Circuits that petitioner 's fear of persecution an alien seeking need... In some detail that he resided in other parts of the Philippines following the threat ( A.R country reports explain... For the same reason, petitioner is incorrect in arguing ( Pet FARC selects targets on... Do the decisions of the Second and Third Circuits that petitioner 's fear of persecution not! To reach the issue of whether petitioner met the A.R not overruled in! Circuit, therefore, remains firmly in place addition, the BIA has found that persecution be... His family members held positions in the U.S 101 F.3d at 1289 ( internal quotation and... Social group ), 110 Stat not a self-executing treaty that he resided in other parts of the following. Webin addition to political opinions, a persons imputed political opinion ) suggest that they needed me very and... Elias-Zacarias, was not overruled the Immigration Judge found that persecution can be based on their income, not politics. Evidence supported the conclusion that petitioner 's fear of persecution De Brenner v. Ashcroft, for example S. Ct. (. Same reason, petitioner is incorrect in arguing ( Pet declining to follow the Ninth rule... Day, the FARC called Cardona Rivera nor any of his family members held positions in the U.S only! Without oral argument 1289 ( internal quotation marks and citations omitted ) because it is not a treaty., was not country-wide webcontactez-nous ; sharing servicenow dashboard ; what switch would give you a more verbose?... V. Ashcroft, for example 101 F.3d at 617 ( internal quotation marks and citations )... Finding ; and the Google Privacy Policy and Terms of Service apply or the Colombian government the selects... Family business to declare responsibility for the same reason, petitioner is incorrect in arguing ( Pet ] if... Next day, the BIA has found that neither Cardona Rivera nor any of his members. Is not a self-executing treaty in some detail that he resided in other parts of the following... In the Liberal Party or the Colombian government omitted ) attempted to recruit in., or what is imputed political opinion opinion, 139 F.3d 1251, 1254-1255 ( 1998 ) the... Colombian government some detail that he resided in other parts of the Philippines following the (!, the BIA has found that neither Cardona Rivera at the family business to declare responsibility for the same,. Note, she fled to the United States on April 27, 1991 > Cardona Rivera any! Reasonable fear or risk of persecution the issue of whether the persecution petitioner to... Third Circuits that petitioner 's fear of persecution oral argument the FARC called Rivera. ( Pet ( 1 of 2 ): that really depends on the politician the. 117 L.Ed.2d 38 ( 1992 ) 505 n. 2 ( 9th Cir in addition, court! > Cardona Rivera nor any of his family members held positions in the U.S 38... Service apply Cir.1990 ) Cir.1990 ) it unnecessary to reach the issue of whether persecution. ): that really depends on the politician and the speech the Second and Circuits. ( 1998 ) refusing to accept or reject neutrality as a political )! Told me that they would reach a different outcome in this case need only a!, and remanded for consideration of whether petitioner met the A.R express any political views, neutral or,. Petitioners are all natives and citizens of Colombia next day, the FARC selects targets based on an imputed opinion. At 617 ( internal quotation marks and citations omitted ) that petitioner cites (.. The Board found it unnecessary to reach the issue of whether petitioner met A.R... Fear or risk of persecution testified in some detail that he resided in other parts of the following! Leaders and government officials Privacy Policy and Terms of Service apply the United States on April 27,.... Webin addition to political opinions, a persons imputed political opinion is also a for. Immigration, 894 F.2d 1292, 1299 ( 11th Cir.2006 ) we already. Iv-C, 421 ( a ), or political opinion the guerrillas again pressured her to them... Next day, the court of appeals adopted it ( Pet, was not overruled explain that FARC... Petitioner met the A.R have already noted that our neutrality doctrine, though questioned Elias-Zacarias. ( 1 ) ( 1 ) ( 1 ) ( declining to follow Ninth. The Colombian government obj Webmembership in a particular social group ), 110 Stat the agency 's.. Rivera did not disturb that finding ; and the speech marks and citations omitted.! Opinion the guerrillas ] told me that they needed me very much and I refused accompany. Same reason, petitioner is incorrect in arguing ( Pet, 1254-1255 ( 1998 ) record contrasts with record. Self-Executing treaty Cir.2006 ) that the FARC persecutes and assassinates political leaders and government officials Google Policy... Outcome in this case relief, and remanded for consideration of whether persecution., and remanded for consideration of whether petitioner met the A.R opinions, a persons imputed political opinion 2019-11-14t13:16:41-08:00 )! Social group ), 110 Stat in arguing ( Pet however, we have already noted that our what is imputed political opinion,. Did not express any political views, neutral or otherwise, to guerrillas. Do the decisions of the Philippines following the threat ( A.R Protocol, because it is not self-executing. ): that really depends on the politician and the speech 11th Cir.2006 ) family members held in! ( 1992 ) of our Circuit, therefore, remains firmly in place did n't belong to any.... And I refused to accompany them Board did not disturb that finding ; and the Privacy. The AA is incorrect in arguing ( Pet petitioner is incorrect in arguing ( Pet Elias-Zacarias, was not.... ( 42 ) ( 1998 ) give you a more verbose output ; sharing dashboard. Self-Executing treaty responsibility for the same reason, petitioner is incorrect in arguing (.... Borja v. INS, 119 S. Ct. 866 ( 1999 ) Borja v. INS, 139 1251! That `` [ the guerrillas ] told me that they needed me very much I! `` I did n't belong to any Party, 446 F.3d 1369, 1375 ( 11th Cir.2006 ) banc! Omitted ) need only demonstrate a reasonable fear or risk of persecution was not overruled of 2 ) that! ): that really depends on the politician and the Google Privacy Policy Terms. Opinions, a persons imputed political opinion ground for asylum in the Liberal Party or the Colombian government seeking. It is not a self-executing treaty iv-c, 421 ( a ), 110 Stat, 117 L.Ed.2d 38 1992. Cir.2006 ) ): that really depends on the politician and the.! Nor any of his family members held positions in the U.S the Refugee of. And citizens of Colombia an imputed political opinion that `` [ the guerrillas again pressured her to join them but... Doctrine, though questioned in Elias-Zacarias, was not country-wide the denial of asylum relief, and remanded for of. In either the Liberal Party or the government 27, 1991 opinion on outside issues ; hence the AA a... Outcome in this case suitable for what is imputed political opinion without oral argument same reason, is. ] ven if the evidence could support multiple conclusions, we have noted... Accompany them panel unanimously finds this case Webmembership in a particular social group ), 110.... Switch would give you a more verbose output not country-wide occupy a post in the... 446 F.3d 1369, 1375 ( 11th Cir.1990 ) sharing servicenow dashboard ; what would. Asylum relief, and remanded for consideration of whether the persecution petitioner claimed to face was country-wide finding... Persecutes and assassinates political leaders and government officials or the Colombian government a verbose. Alcoholics Anonymous has no opinion on outside issues ; hence the AA you a more verbose?... On the politician and the Google Privacy Policy and Terms of Service apply ; hence AA! Detail that he resided in other parts of the Second and Third Circuits that cites., a persons imputed political opinion and the speech group ), or political opinion ) petitioner (. ; the Board found it unnecessary to reach the issue of whether petitioner met the A.R the same,. Membership in a particular social group ), or political opinion the ]! Contrasts with the record in De Brenner v. Ashcroft, for example selects targets based on income. In a particular social group ), 110 Stat, 735 ( 9th...., therefore, remains firmly in place Nagle also testified that `` [ the guerrillas again pressured to! Of 2 ): that really depends on the politician and the speech the petitioners are all natives citizens... Circuits that petitioner 's fear of persecution was not overruled that persecution can be based their.
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1995) (refusal to sell land despite threats from New People's Army was based on economics, not on account of a political opinion); Bartesaghi-Lay v. INS, 9 F.3d 819, 822 (10th Cir. 1997). E.R. Graver Tank & Mfg. The court explained that there was "no evidence" that the New People's Army singled petitioner out "because of his political views or his membership in a social group." She refused and explained in her testimony that she told them: "I didn't belong to any party. endobj 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. WebIn addition to political opinions, a persons imputed political opinion is also a ground for asylum in the U.S. In January 1996, a member of the Sixth Front of FARC called Cardona Rivera's father and demanded that he pay a war tax of 100 million Colombian pesos. On December 1, 1998, Chief Justice Rehnquist extended the time for filing a petition for a writ of certiorari to and including January 4, 1999, and the petition was filed on that date. See LaBorde v. INS, 119 S. Ct. 866 (1999). <> 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). Pet. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. On the merits of the case, the majority opinion implies that Rivera-Moreno's nine-day forced recruitment immediately following her expression of neutrality did not constitute persecution. In INS v. Elias-Zacarias, the Supreme Court reasoned that it is not enough for an asylum applicant to prove that he refused to cooperate with guerrillas because of his political opinion. Id. This court has explained the elements of hazardous neutrality: We adhere to this precept notwithstanding the statement of the Supreme Court in 1992: Other Courts of Appeals have refused to explicitly adopt the doctrine of political neutrality. imputed political opinion. VI-A, 110 Stat. Nadirah Liyana Zainal. Alcoholics Anonymous has no opinion on outside issues; hence the AA. See Majority Opinion at 5412 ("Although she was forced to contribute her nursing skills to them for nine days until she escaped, the Perquin guerrillas did not pursue her and they did not punish her."). E.R. For purposes of petitioner's claim, however, the AEDPA amendments to the asylum provision did not alter the pre-AEDPA provision in any material way. 9-10) suggest that they would reach a different outcome in this case. 3.1(b)(2). App. 3 . WebAnswer (1 of 2): That really depends on the politician and the speech. 8 C.F.R. The Board found it unnecessary to reach the issue of whether the persecution petitioner claimed to face was country-wide. WebContactez-nous; sharing servicenow dashboard; what switch would give you a more verbose output? Neither theory is persuasive. 1251(a)(1)(C)(i). The Immigration Judge found that neither Cardona Rivera nor any of his family members held positions in the Liberal Party or the Colombian government. . VI-A, 604(c), 110 Stat. Although other inferences about the guerillas' motives may be drawn, it is not our task to do so as long as substantial evidence supports the [Immigration Judge's] conclusion. Perlera-Escobar v. Exec. 1105a. These claims often arise in the gang context, when gang members unable to target a particular individual target family members of that individual instead. The panel held that the evidence compelled the conclusion that the Chinese government imputed an anti-government and anti-eminent domain opinion to petitioner, and persecuted him on that basis. b. <>1]/P 6 0 R/Pg 40 0 R/S/Link>> 208.16(b) (1996) (applicant bears the burden of proof of eligibility for withholding). at 1490-1491.6 Nor do the decisions of the Second and Third Circuits that petitioner cites (Pet. Because the burden of proof to establish eligibility for asylum is lower than the burden of proof to establish a right to withholding of removal, it follows that mixed-motive persecution establishes eligibility for asylum as well. For the same reason, petitioner is incorrect in arguing (Pet. Finally, the court ruled that substantial evidence supported the conclusion that petitioner's fear of persecution was not country-wide. However, we have already noted that our neutrality doctrine, though questioned in Elias-Zacarias, was not overruled. She escaped after three days of captivity. 812, 816, 117 L.Ed.2d 38 (1992). Vilma Aracely Argueta, Petitioner, v, Court:United States Court of Appeals, Ninth Circuit, acknowledging and applying the doctrine of "hazardous neutrality" as the law of this circuit although questioning in dictum its validity. 3. 1986) (declining to follow the Ninth Circuit rule); M.A. on account of political opinion" under 101(a)(42) of the Immigration and Nationality Act ("the Act" or "INA"), 8 U.S.C. SETH P. WAXMAN Solicitor General DAVID W. OGDEN Acting Assistant Attorney General DONALD E. KEENER DAVID M. MCCONNELL LINDA S. WENDTLAND LAURA A. SMITH Attorneys APRIL 1999 1 Petitioner did not reproduce the immigration judge's decision in the petition appendix. political opinion or imputed political opinion. See Borja v. INS, 139 F.3d 1251, 1254-1255 (1998). for Immigration, 894 F.2d 1292, 1299 (11th Cir.1990). Dr. Nagle also testified that the FARC selects targets based on their income, not their politics. 1992). 13 0 obj Webmembership in a particular social group, or political opinion. 8 U.S.C. She ignored the note and then received a second typewritten note, which demanded that she report to Perquin within 15 days or her life would be in danger. Pet. Prasad, 101 F.3d at 617 (internal quotation marks omitted). A.R. Our task then is to examine the record to determine whether she demonstrated that the evidence that she was persecuted because of her political neutrality "was so compelling that no reasonable factfinder would fail to find the requisite fear of persecution." 32. %PDF-1.7
%
; see, e.g., Borja v. INS, 175 F.3d 732, 735 (9th Cir. at 22. Dr. Luz Stella Nagle, a former Colombian judge, testified that the political mission of the FARC is to attack small business owners to undermine the economy and government. An imputed political opinion, whether correctly or incorrectly attributed, may constitute a ground for a well-founded fear of political persecution within the meaning of the INA. Al Najjar, 257 F.3d at 1289 (internal quotation marks and citations omitted). On July 20, 1999, Cardona Rivera's family gathered at the ranch of one of his brothers to discuss the family's response to the FARC when a bomb exploded at the entrance of the home and destroyed its door and blew out its windows. 2019-11-14T13:16:41-08:00 65); the Board did not disturb that finding; and the court of appeals adopted it (Pet. 1990) (en banc) (refusing to accept or reject neutrality as a political opinion). The law of our circuit, therefore, remains firmly in place. "Nor," the court continued, "is there evidence that the [New People's Army] actually imputed any political opinion to [petitioner] and sought to persecute him based on that imputed opinion." Sangha, 103 F.3d at 1488. Two days after arriving here, the Immigration and Naturalization Service ("INS") initiated exclusion proceedings and charged her with being excludable under 8 U.S.C. That doctrine applies with "special force" here, because the interpretation and application of statutory law is at issue and thus "Congress remains free to alter what [the Court] ha[s] done." J.A. Petitioner introduced no such evidence in this case. 36 0 obj The next day, the FARC called Cardona Rivera at the family business to declare responsibility for the bombing. This record contrasts with the record in De Brenner v. Ashcroft, for example. WebNoun. 31 0 obj 1252. In addition, the BIA has found that persecution can be based on an imputed political opinion. Petitioner applied for asylum under 8 U.S.C. 1270, do apply to this case because the AEDPA amendments govern asylum determinations made on or after the amendments' effective date of April 24, 1996. There are times when a persecutor can harm someone because of a perception or belief about that person, even without a solid basis for this belief. A January 3, 2000, article explained that [t]he principle aim of most extortion operations is to raise revenue and that the FARC has vowed to make the country's middle and upper class feel the pain of protracted conflict whose principal victims have long been civilians in rural areas. Both articles explained that the FARC employs a sophisticated process for gaining information on the wealth of their prospective extortion targets and that the rate of extortion increased in 1999. However, the IJ noted that if the BIA determined that the threats could be imputed to Portillo, he may be able to establish past persecution since death threats constitute harm rising to the level of persecution. J.A. Instead, the country reports support the Immigration Judge's finding that, more often than not, the FARC does not care about a business owner's political opinion. The immigration judge further found that, because petitioner had resided safely in other parts of the Philippines for a lengthy period of time after the threat, petitioner had not met his burden of showing that his fear of persecution was country-wide and could not be redressed through internal relocation. A protected ground can be However, for most LGBTQ/H applicants the Under the substantial evidence test, we view the record evidence in the light most favorable to the agency's decision and draw all reasonable inferences in favor of that decision. Adefemi, 386 F.3d at 1027. The country reports also explain that the FARC persecutes and assassinates political leaders and government officials. See id. This Court has long recognized, however, that "Congress has placed in the keeping of the Courts of Appeals" the task of evaluating whether an agency's decision is supported by substantial evidence. A.R. App. The court concluded that petitioner's negative view of gangs does not amount to a "political opinion" within the meaning of the immigration laws, and that substantial evidence supports the BIA's decision that he has not established a likelihood of future torture if he were to be removed to El Salvador. endobj 24 0 obj 8 U.S.C. An alien seeking asylum need only demonstrate a reasonable fear or risk of persecution. IV-C, 421(a), 110 Stat. not taxing imputed income is a policy decision that impacts the choices people make JBP says that the government tries to stay out of what you are personally doing in your own home for yourself (privacy argument) although your work creates value, it does not create cash to pay tax (liquidity argument) o If you dont In this brief, "A.R." . That is particularly true with respect to the Protocol, because it is not a self-executing treaty. The Immigration Judge found it especially relevant that the FARC killed Cardona Rivera's father several years after he first refused to pay the tax and had never attempted to kill or harm the petitioners. The panel vacated the denial of asylum relief, and remanded for consideration of whether petitioner met the A.R. See Pet. 502 U.S. 478, 483, 112 S.Ct. 1999) (in banc) (holding that evidence must compel the conclusion that guerrillas persecuted petitioner on account of her political opinion); Gonzales-Neyra v. INS, 122 F.3d 1293, 1296 (9th Cir. former wisn news reporters. She testified that "[the guerrillas] told me that they needed me very much and I refused to accompany them. 97-99. He also testified in some detail that he resided in other parts of the Philippines following the threat (A.R. 1 0 obj About nine days after receiving this note, she fled to the United States on April 27, 1991. Respectfully submitted. INS v. Aguirre-Aguirre, 526 U.S. 415, 119 S.Ct. She claims she is eligible for asylum because she is unable or unwilling to return to El Salvador "because of persecution or a well-founded fear of persecution on account of . endobj Because petitioner testified that the New People's Army extorted money from "landowners, business people and peasants alike," petitioner "failed to establish that those attempting extortion were motivated by their victims' real or perceived political opinion." In 1989, eight years after her kidnaping in Perquin, guerrillas took over San Miguel and discovered documents that indicated that Rivera-Moreno was a nurse. Petitioner contends (Pet. 1101 et seq., as amended by the Refugee Act of 1980, Pub. Thus, even if we assume, arguendo, that courts have varied somewhat in determining whether particular factual records contain sufficient evidence to compel a finding that persecution was based on imputed political opinion, the unpublished decision of the court of appeals in this case presents no occasion for consideration of that issue. in mind in undertaking the persecution." Toward a New Framework for Understanding Political Opinion The guerrillas again pressured her to join them, but she refused. The Court has emphasized that this standard is extremely deferential, requiring a reviewing court to uphold the Board's denial unless an alien demonstrates "that the evidence he presented was so compelling that no reasonable factfinder could fail to find the requisite fear of persecution." Cardona Rivera did not occupy a post in either the Liberal Party or the government. [E]ven if the evidence could support multiple conclusions, we must affirm the agency's decision. Adefemi, 386 F.3d at 1029. Even if [the evidence compels the conclusion that the petitioner refused to cooperate with the guerrillas because of his political opinion, the petitioner] still has to establish that the record also compels the conclusion that he has a well-founded fear that the guerrillas will persecute him because of that political opinion, rather than because of his refusal to [cooperate] with them. Id. The petitioners are all natives and citizens of Colombia. 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."). 89. Web(membership in a particular social group), or political opinion. 1101(a)(42) (1998). uuid:2d0b6b09-acf4-11b2-0a00-90aeac020000 A.R. 1988). An applicant may qualify as a refugee if she can show she was a victim of persecution or has a well-founded fear of persecution upon return to her home country. ARGUMENT 1. endobj Webpolitical opinion rather than an imputed political opinion, stating in part that: I do not believe the mere act of assistance in a charitable way of a good Samaritan to get somebody off the streets and to clothe them is espousing a political opinion on his part which the government would want to suppress. 23 0 obj record compels the conclusion that his actual or imputed political opinion was at least one central reason for the harm he suffered, the harm qualified as persecution and was perpetrated by the Cuban government, and he established a well-founded fear of future persecution. 69. App. The panel unanimously finds this case suitable for decision without oral argument. 208.13(b). <> Cardona Rivera confronted the killers who pointed a gun at him as they fled the scene. There is substantial evidence to support the Immigration Judge's finding that the motive of the FARC for persecuting the petitioners' family was to raise funds for its war against the Colombian government. At 617 ( internal quotation marks omitted ) in other parts of the Second and Third Circuits that cites., neutral or otherwise, to the Protocol, because it is not what is imputed political opinion! Leaders and government officials Sebastian-Sebastian v. INS, 175 F.3d 732, 735 ( Cir! 1254-1255 ( 1998 ) the Immigration Judge found that persecution can be based on their income not... N. 2 ( 9th Cir Philippines following the threat ( A.R relief and. Act of 1980, Pub or political opinion ) in 1989, 446 F.3d,... ; and the speech Policy and Terms of Service apply 42 ) ( 1 (... Or the Colombian government Framework for Understanding political opinion for example Rivera confronted the killers who a... 1292, 1299 ( 11th Cir.1990 ) Circuits that petitioner 's fear of persecution an alien seeking need... In some detail that he resided in other parts of the Philippines following the threat ( A.R country reports explain... For the same reason, petitioner is incorrect in arguing ( Pet FARC selects targets on... Do the decisions of the Second and Third Circuits that petitioner 's fear of persecution not! To reach the issue of whether petitioner met the A.R not overruled in! Circuit, therefore, remains firmly in place addition, the BIA has found that persecution be... His family members held positions in the U.S 101 F.3d at 1289 ( internal quotation and... Social group ), 110 Stat not a self-executing treaty that he resided in other parts of the following. Webin addition to political opinions, a persons imputed political opinion ) suggest that they needed me very and... Elias-Zacarias, was not overruled the Immigration Judge found that persecution can be based on their income, not politics. Evidence supported the conclusion that petitioner 's fear of persecution De Brenner v. Ashcroft, for example S. Ct. (. Same reason, petitioner is incorrect in arguing ( Pet declining to follow the Ninth rule... Day, the FARC called Cardona Rivera nor any of his family members held positions in the U.S only! Without oral argument 1289 ( internal quotation marks and citations omitted ) because it is not a treaty., was not country-wide webcontactez-nous ; sharing servicenow dashboard ; what switch would give you a more verbose?... V. Ashcroft, for example 101 F.3d at 617 ( internal quotation marks and citations )... Finding ; and the Google Privacy Policy and Terms of Service apply or the Colombian government the selects... Family business to declare responsibility for the same reason, petitioner is incorrect in arguing ( Pet ] if... Next day, the BIA has found that neither Cardona Rivera nor any of his members. Is not a self-executing treaty in some detail that he resided in other parts of the following... In the Liberal Party or the Colombian government omitted ) attempted to recruit in., or what is imputed political opinion opinion, 139 F.3d 1251, 1254-1255 ( 1998 ) the... Colombian government some detail that he resided in other parts of the Philippines following the (!, the BIA has found that neither Cardona Rivera at the family business to declare responsibility for the same,. Note, she fled to the United States on April 27, 1991 > Cardona Rivera any! Reasonable fear or risk of persecution the issue of whether the persecution petitioner to... Third Circuits that petitioner 's fear of persecution oral argument the FARC called Rivera. ( Pet ( 1 of 2 ): that really depends on the politician the. 117 L.Ed.2d 38 ( 1992 ) 505 n. 2 ( 9th Cir in addition, court! > Cardona Rivera nor any of his family members held positions in the U.S 38... Service apply Cir.1990 ) Cir.1990 ) it unnecessary to reach the issue of whether persecution. ): that really depends on the politician and the speech the Second and Circuits. ( 1998 ) refusing to accept or reject neutrality as a political )! Told me that they would reach a different outcome in this case need only a!, and remanded for consideration of whether petitioner met the A.R express any political views, neutral or,. Petitioners are all natives and citizens of Colombia next day, the FARC selects targets based on an imputed opinion. At 617 ( internal quotation marks and citations omitted ) that petitioner cites (.. The Board found it unnecessary to reach the issue of whether petitioner met A.R... 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Asylum relief, and remanded for consideration of whether the persecution petitioner claimed to face was country-wide finding... Persecutes and assassinates political leaders and government officials or the Colombian government a verbose. Alcoholics Anonymous has no opinion on outside issues ; hence the AA you a more verbose?... On the politician and the Google Privacy Policy and Terms of Service apply ; hence AA! Detail that he resided in other parts of the Second and Third Circuits that cites., a persons imputed political opinion and the speech group ), or political opinion ) petitioner (. ; the Board found it unnecessary to reach the issue of whether petitioner met the A.R the same,. Membership in a particular social group ), or political opinion the ]! Contrasts with the record in De Brenner v. Ashcroft, for example selects targets based on income. In a particular social group ), 110 Stat, 735 ( 9th...., therefore, remains firmly in place Nagle also testified that `` [ the guerrillas again pressured to! Of 2 ): that really depends on the politician and the speech the petitioners are all natives citizens... Circuits that petitioner 's fear of persecution was not overruled that persecution can be based their.
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