1988). a. 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). The petition was timely filed as provided by 8 U.S.C. Second, Elias-Zacarias is consistent with the Protocol. 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. The immigration judge rejected petitioner's application. The IJ's findings of fact are supported by substantial evidence. Like his father, Cardona Rivera supported the Liberal Party by distributing fliers and lending vehicles for Party activities. 96-212, 94 Stat. 8-9) are of no help to him. 5. AEDPA, Tit. 6 The other Ninth Circuit decisions upon which petitioner relies (Pet. 3-5. IV-C, 421(a), 110 Stat. 70. Web(membership in a particular social group), or political opinion. group should ever, in such a way as to implicate AA., express an opinion on outside controversial issuesparticularly those of politics, alcohol reform, or sectarian religion. denied, 498 U.S. 1046 (1991); Bertrand v. Sava, 684 F.2d 204, 218-219 (2d Cir. WebNoun.

3 0 obj Ruggero J. Aldisert, Senior Judge, United States Court of Appeals for the Third Circuit, sitting by designation. o It can be easier to convict a criminal of a tax crime than for a criminal crime o Many criminals file real returns, reporting their real income, but under 5 th amendment grounds, refuse to ID the source of the income Imputed Income o What is Imputed Income? 1101(a)(42)(A); Desir v. Ilchert, 840 F.2d 723, 728 (9th Cir. Webassume he was a resister. 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. App. 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. 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. 8 This Court recently denied a petition for a writ of certiorari in a case where the petitioner, like petitioner here, contended that record-specific variations in the outcomes of imputed political opinion cases constituted a circuit conflict meriting this Court's review. Because Rivera-Moreno's case was brought before the effective date of the act, we will apply the pre-amendment law. There is no dispute that the FARC persecuted the petitioners, at least in part, because they were wealthy and refused to pay the tax; therefore, their applications for asylum and withholding of removal are predicated on a mixed motive theory. Cardona Rivera and his brother fled Tulua and made arrangements to come to the United States. He must demonstrate the presence of a protected ground, and he must link the feared persecution, at least in, To survive summary judgment, Plaintiff must establish a prima facie case of discrimination, which in this, Full title:SILVIA RIVERA-MORENO, a.k.a. endobj 10 See, e.g., In re A-E-M-, Interim Dec. No. 5). 1996). 1997), "compel[led] the conclusion that China's motives in enforcing its rules against Chang are based on Chang's political opinion," id. 1101(a)(42) (1998). 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. Elias-Zacarias, 502 U.S. at 483-84.
6 0 obj 1231(b)(3)(A). . Websister received could be imputed to Portillo. Nor is the UNHCR Handbook binding on the INS, Congress, or the courts. I thus would hold that the forced recruitment, as well as the attempted recruitment by bombing and threat eight years later, qualified as persecution. Web2 An imputed political opinion is a political opinion that an individual does not possess but which others attribute to him. This record contrasts with the record in De Brenner v. Ashcroft, for example.

While the Board accepted petitioner's testimony that he feared retribution from the New People's Army for failing to comply with its demands for money, the Board explained that the record contained "no evidence that such harm was politically motivated," and that "[a]ttempts to extort money do not constitute persecution, where it is reasonable to conclude that those attempting the extortion are not motivated by the victim's political opinion." See In re S-P-, 21 I. show that [her] opinion was articulated sufficiently for it to be the basis of . Alcoholics Anonymous has no opinion on outside issues; hence the AA. Cardona Rivera heard the shots from an adjacent building. 1253(h)(1).4 2. xXMoFW4#r84Qzqz%Zb"Hp}\,9]yfy|rx*|H+tv> #H[^Vhi !f;N{voh|'J'_?2sC\2R`)Ch|AUnt\e.-IB'_-pw2#il3( 70; Pet. After Cardona Rivera fled Tulua, one of his other brothers, Victor Hugo, began receiving phone calls demanding the war tax. Post author: Post published: April 6, 2023 Post category: loverboy band member dies Post comments: man finds giant rocket in forest man finds giant rocket in forest 9 See also Cuevas v. INS, 43 F.3d 1167, 1171 (7th Cir. . Prince 12.5 (www.princexml.com) Cardona Rivera and his family filed for asylum and withholding of removal based on the same events in Colombia, and the cases were consolidated. This court follows the doctrine of "hazardous neutrality," in which a lack of political opinion may constitute a political opinion for purposes of the INA. After deciding not to pay the war taxes, petitioner abandoned his farm and fled with the assistance of some members of the local police. endobj 8 U.S.C. The petitioners employ two theories to establish a nexus between their fear of persecution by the FARC and their actual or imputed political opinion. Petitioner, by contrast, introduced no evidence (and cites no record authority for his claims now (Pet. The law of our circuit, therefore, remains firmly in place. WebThis simple picture of the Dalai Lama meditating on his own private space is so much inspiring - love the atmosphere and the deepness of the connection. My rule was to help anybody. It is clear that persecution for failure to contribute nursing services is not a protected ground under 1101(a)(42)(A) and Petitioner does not argue that it is. The caller informed Cardona Rivera's father that his responsibility for the war tax was based on his economical condition and he would be murdered if he refused to pay. 23 0 obj Finally, petitioner argues (Pet. Id. Pet. Cortez-Ramirez argues that El Salvadors crimin al gangs targeted him because of his religion (evangelical Christianity), an imputed political opinion (opposition to criminal gangs), and his membership in two particular social

Petitioner then lived in various parts of the Philippines unthreatened by the New People's Army until December 1991. Submitted December 9, 1999 San Francisco, California. A.R. 9) that his case would have come out differently if decided in another circuit. In addition, the BIA has found that persecution can be based on an imputed political opinion. 3 Section 604 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. See INS v. Elias-Zacarias, 502 U.S. 478, 483 (1992). Diploma / Advanced Diploma / Higher Graduate Diploma / DVM / DKM Level 4 / DLKM Level 5 Celeste Lau received her credential in BSc. App. Pet. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. . Post author: Post published: April 6, 2023 Post category: loverboy band member dies Post comments: man finds giant rocket in forest man finds giant rocket in forest 2. to attribute to a source or cause: I impute your success to nepotism. To at 1296. ( mpjut) vb ( tr) 1. to attribute or ascribe (something dishonest or dishonourable, esp a criminal offence) to a person. She refused and explained in her testimony that she told them: "I didn't belong to any party. . 96-97. 52 0 obj <>19]/P 18 0 R/Pg 40 0 R/S/Link>> 8 U.S.C. That seems to us not ordinarily so, since we do not agree with the dissent that only a "narrow, grudging construction of the concept of `political opinion,'" . The Immigration Judge reasoned that, had the FARC targeted the petitioners for persecution on account of their political opinion, the FARC would have attempted to harm or kill them instead of threatening harm or death if they did not pay the tax. or agrees to accept from another: (1) any benefit as consideration for the recipient's decision, opinion, recommendation, vote, or other exercise of discretion as a public servant, party official, or at 34-35. A.R. App. The petitioners must establish that they would more likely than not be persecuted on account of a protected ground if returned to Colombia. 27 0 obj L. No. The principal question for decision is whether retaliation against a nurse, who refused to join a guerrilla movement to give medical care to their wounded, constitutes "persecution . . would distinguish it from such quite different concepts 1997) (generally discussing asylum based upon imputed political opinion); see also INS v. Elias-Zacarias, 502 U.S. 478, 482 (1992) ("Nor is there any indication (assuming, arguendo, it would suffice) that the guerrillas erroneously believed that Elias-Zacarias' refusal [to fight with them] was politically based."). Based on the foregoing discussion, we must deny the petitions for review of the denial of the petitioners' applications for asylum and withholding of removal. at 1159. 3.1(b)(2). Similarly, in Gonzales-Neyra v. INS, 122 F.3d 1293 (1997), amended by 133 F.3d 726 (1998), "Gonzales-Neyra provided evidence that he was persecuted, that he had a political opinion, that he expressed it to his persecutors, and that they threatened him only after he expressed his opinion," and that "the Shining Path representatives made it quite clear to Gonzales-Neyra that his political views motivated their hostility and threats." 8 U.S.C. See Borja, 175 F.3d at 736. 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." Law of Refugee Status: Among those acts that have been construed as expressions of po-

3 . Cardona Rivera did not occupy a post in either the Liberal Party or the government. [A]n imputed political opinion, whether correctly or incorrectly attributed, can constitute a ground of political persecution within the meaning of the Immigration and Nationality Act. Chun Gao v. Gonzales, 424 F.3d 122, 129 (2d Cir.2005) (internal alterations and quotations omitted). 1 0 obj 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. have changed to such an extent that [the petitioner] no longer has a well-founded fear of being persecuted if he were to return." 3338, 1998 WL 99555 (BIA Feb. 20, 1998) (fear of persecution insufficient where it did not "exist throughout that country"); In re C-A-L-, Interim Dec. No. 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. <>16]/P 18 0 R/Pg 40 0 R/S/Link>> 1870s. 208.13(a) (1996).3 In addition, "if the Attorney General determines" that the alien's "life or freedom would be threatened" in the country of deportation "on account of race, religion, nationality, membership in a particular social group, or political opinion," the alien may be eligible for "withholding of deportation or return." The issue before us is whether the record compels a finding that at least one motivation of the alleged persecutors involved a protected ground. 1251(a)(1)(C)(i). Neither theory is persuasive. 3305, 1997 WL 80985 (BIA Feb. 21, 1997) ("This Board has found that an alien seeking to meet the definition of a refugee must do more than show a well-founded fear of persecution in a particular place within a country. One of the earliest photographic portraits of a religious figure in Peking, China, depicting a "lama" or a Tibetan Buddhist monk, and his student. . 30 0 obj 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."). Escobar and Jones "threatened Commissioner Scruggs with adverse political consequences should he not vote in favor of the settlement." 8 C.F.R. political opinion." Webas founding or being active in a political party that opposes state corruption, attending or speaking in political rallies on the issue of eradicating state corruption, or writing or distributing political materials criticizing state corruption would likely constitute the expression of political opinion or may

See, e.g., Alvarez-Flores v. INS, 909 F.2d 1, 6 n. 4 (1st Cir. 36 0 obj at 1029; that "Osorio's activities clearly evince[d] the political opinion that strikes by municipal workers should be legal and that workers should be given more rights," id. The immigration judge found that the threat was received in June 1989 (A.R. E.R. The Board and the court of appeals agreed that petitioner had produced no evidence that the New People's Army imputed any political opinion to petitioner. L. No. Mohammed v. Ashcroft, 261 F.3d 1244, 1247-48 (11th Cir.2001). 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. 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. That which is put in, as in an amount. The country reports and articles also establish that the FARC employs sophisticated techniques to identify extortion targets based on their ability to pay, but the FARC assassinates, kidnaps, or assaults political enemies. There are separate but related standards for evaluating requests for these two forms of relief. Under the Immigration and Naturalization Act, the Attorney General may grant asylum if an alien meets the statutory definition of a refugee. See 8 U.S.C. 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. Political viewpoint may take many different forms, including: Imputed Political Opinion There seem to be times when an aggressor causes injury to somebody based on a view or opinion regarding that individual, even though the belief is unfounded. The record contains no evidence to suggest that the guerrillas in San Miguel knew of her political neutrality. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. That claim does not merit this Court's review. Petitioner seeks (Pet. WebThis is called an imputed political opinion. 80 (citing . 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. 24 0 obj endobj We Petitioner also testified that the New People's Army extorted "taxes" from landowners and peasants alike, id. WebContactez-nous; sharing servicenow dashboard; what switch would give you a more verbose output? 5. 1997) (requiring that evidence show persecution has been or will be on account of political opinion); Sangha, 103 F.3d at 1487 (stating that "[a]pplicants can no longer establish that their persecution was `on account of' political opinion by inference"). 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. ; see also Universal Camera Corp. v. NLRB, 340 U.S. 474, 491 (1951). In this brief, "A.R." at 1012, 1016. 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. INS v. Elias-Zacarias, 502 U.S. 478, 483 (1992) (emphasis added). endobj

. They told her that the bomb was "just the beginning," E.R. 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 . App. Those amendments, however, do not govern the present case because they apply to applications for asylum filed on or after April 1, 1997. . See Sebastian-Sebastian v. INS, 195 F.3d 504, 505 n. 2 (9th Cir. Canas-Segovia v. INS, 970 F.2d 599, 601 (9th Cir. WebPolitical opinion may be an additional ground that LGBTQ/H individuals can claim asylum. Nothing in the text of the Protocol regulates the evidentiary burdens signatory states apply in determining whether an individual satisfies the definition of "refugee." This court has jurisdiction to review the petition under 8 U.S.C. Cardona Rivera testified that the majority of businessmen in Colombia are threatened and that he would be persecuted if returned to Colombia because he owes the war tax. Id. uuid:2d0b6b09-acf4-11b2-0a00-90aeac020000 Petitioner did not indicate, however, that the New People's Army was aware of his desire not to be affiliated with it. Cardona Rivera's father was a prosperous businessman in Tulua, where he owned a business providing glass for construction work. Here, Petitioner argues that a reasonable fact finder would be compelled to find that she was persecuted on account of her neutral political belief. See Sangha v. INS, 103 F.3d 1482, 1488 (9th Cir. We are persuaded that Petitioner failed to demonstrate a nexus between her expression of neutrality at Perquin in 1981 an affirmative expression of political opinion and the subsequent bombing of her house eight years later in San Miguel because she refused to deliver nursing services. Copyright 2023, Thomson Reuters. A.R. 1997). TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. at 816 n. 2.

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. 1998) (record evidence showed that "[t]he Sendero Luminoso members threatened Vera-Valera with his life because they felt his advocacy for the construction project represented political opposition to Sendero's goals[, and] * * * Sendero Luminoso believed that Vera-Valera was aligned with the government, whose opposition to the construction project was clearly political"). WebCollins. 32. 1992). 7 Petitioner mistakenly attributes this case to the First Circuit (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. See INS v. Cardoza- Fonseca, 480 U.S. 421, 439 n.22 (1987) ("We do not suggest, of course, that the explanation in the U.N. Handbook has the force of law or in any way binds the INS.").

Petition for Review of an Order of the Board of Immigration Appeals. endobj Before: Ruggero J. Aldisert, Diarmuid F. O'Scannlain and Michael Daly Hawkins, Circuit Judges. 1990) ("Only the Ninth Circuit clearly has held that neutrality is a political opinion within the meaning of the Act. Ibid. 90 a. IIRIRA, Tit. 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. Because the record does not compel the determination that there is a reasonable probability that the petitioners will be persecuted on account of their political opinion, they also do not meet the greater evidentiary burden for establishing eligibility for withholding of removal. 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. A26851062 v. INS, 899 F.2d 304, 315 (4th Cir. The immigration judge held that petitioner failed to establish his eligibility for asylum or withholding of deportation, concluding that the record contained no objective evidence supporting his claim that he will be persecuted in the Philippines on the basis of political opinion or any of the other protected grounds. [E]ven if the evidence could support multiple conclusions, we must affirm the agency's decision. Adefemi, 386 F.3d at 1029. 208.13(b). . <> Share sensitive information only on official, secure websites. . Ibid. But it did not state that an affirmative expression of neutrality could not amount to a political opinion especially "in an environment in which political neutrality is fraught with hazard." [27] HAWKINS, Circuit Judge, specially concurring: Quite frankly, the disposition of this appeal requires no more than an unpublished memorandum, as the result reached, with which I agree, involves a routine application of our asylum law. 8-10) and the immigration judge (A.R. Mobil Oil Corp. v. Federal Power Comm'n, 417 U.S. 283, 310 (1974). application/pdf 99, 101-103, 115-116, 133-138.5 3. Finally, political opinions can be mistakenly imputed to people simply by accident. The Immigration Judge found that the behavior of the FARC was more consistent with its pattern of criminally motivated extortion than political persecution. See also Vera-Valera v. INS, 147 F.3d 1036, 1039 (9th Cir. "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." Other documentary evidence corroborated that this method of extortion is common. See, e.g., Sangha v. 200 (affidavit in support of application for asylum dates the threat in June 1991). name ought never be drawn into public controversy. 1182(a)(19), as an immigrant who has procured a visa or other documentation by fraud or by willfully misrepresenting a material fact and not being in possession of a valid immigrant visa. 11-16) this Court's review of the court of appeals' application of the substantial evidence standard to the facts of his case. 2 0 obj WebWhen, as here, an applicant claims that she has been or will be persecuted on account of an imputed political belief, then the relevant inquiry is not the political views sincerely held or expressed by the victim, but rather the persecutors subjective perception of Something fed into a process with the intention of it shaping or affecting the outputs of that process. It didn't matter if it came from the guerrillas or the army or any group." E.R. 90-92. WebThis simple picture of the Dalai Lama meditating on his own private space is so much inspiring - love the atmosphere and the deepness of the connection. 3009-694; see also Pet. <>2]/P 6 0 R/Pg 40 0 R/S/Link>> 1231(b)(3) (Supp. Rivera-Moreno has presented no evidence, direct or circumstantial, that would compel an inference that the guerrillas recruited or attempted to recruit her because of her neutrality; it is equally or more likely that they recruited her to serve their own independent purposes. A.R. First, assuming arguendo that petitioner has properly discerned the "political values" (Pet. uuid:2d0b6b0b-acf4-11b2-0a00-0028e71efc7f See De Brenner v. Ashcroft, 388 F.3d 629, 636 (8th Cir.2004); Borja v. INS, 175 F.3d 732, 735-36 (9th Cir.1999) (en banc); Osorio v. INS, 18 F.3d 1017, 1028 (2d Cir.1994). The guerrillas again pressured her to join them, but she refused. It is quite plausible, indeed likely, that [persecution] would be engaged in by the guerrillas in order to augment their [income] rather than show their displeasure with the petitioners' political opinion. 1986) (declining to follow the Ninth Circuit rule); M.A. To prove a claim for asylum, petitioners must show that they were persecuted because of one of five protected grounds: race, religion, nationality, membership in a particular social group, or political opinion. Pet. 1-2. Her testimony is not so persuasive as to compel the conclusion that they retaliated against because of her political neutrality. We will examine Petitioner's application for asylum first, because if she fails to satisfy the requirement for asylum, she will necessarily fail the more stringent requirement for withholding deportation. The decision to grant or deny asylum, however, falls within "the discretion of the Attorney General." <>0]/P 11 0 R/Pg 40 0 R/S/Link>> The Board affirmed without opinion. The San Miguel guerrillas attempted to recruit Petitioner in 1989 because they found documents that showed she was a nurse. See, e.g., Sangha v. INS, 103 F.3d 1482, 1489 (9th Cir. 1101(a)(42)(A) (emphasis added). 9, 10, 12)) either that the New People's Army acted with such dual motivations when it threatened or harmed those who failed to comply with its monetary demands, or that the New People's Army read a political message into petitioner's failure to pay. 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. 1 She testified that "[the guerrillas] told me that they needed me very much and I refused to accompany them. See Sangha, 103 F.3d at 1488 ("[T]he applicant must . endobj 75, 216. Escobar and Jones "threatened Commissioner Scruggs with adverse political consequences should he not vote in favor of the settlement." 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. or agrees to accept from another: (1) any benefit as consideration for the recipient's decision, opinion, recommendation, vote, or other exercise of discretion as a public servant, party official, or endstream We are a Premier medical Specialist Centre Holdings Sdn Bhd is a subsidiary of UKM Sdn. 96. "); Perlera-Escobar v. Executive Office for Immigration, 894 F.2d 1292, 1297-98 (11th Cir. 1974 ) owned a business providing glass for construction work whether the compels. 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Power Comm ' n, 417 U.S. 283, 310 ( 1974 ) within `` the discretion the! That [ her ] opinion was articulated sufficiently for it to be the basis of place. Either the Liberal Party or the courts her testimony is not so persuasive as to the... Has held that neutrality is a political opinion within the meaning of the,... Google Privacy Policy and Terms of Service apply properly discerned the `` political ''!, 899 F.2d 304, 315 ( 4th Cir that petitioner has properly discerned the `` political values (... Petition was timely filed as provided by 8 U.S.C Executive Office for Immigration, 894 F.2d 1292 1297-98! Petitioner has properly discerned the `` political values '' ( Pet follow the Ninth Circuit rule ) ; v.... Documentary evidence corroborated that this method of extortion is common also Universal Camera Corp. v. Federal Power Comm n. That showed she was a prosperous businessman in Tulua, one of his case would come. I. show that [ her ] opinion was articulated sufficiently for it be! A ) ( emphasis added ) sensitive information Only on official, secure websites 261... Theories to establish a nexus between their fear of persecution by the FARC their! 122, 129 ( 2d Cir guerrillas ] told me that they would more likely than not be persecuted account... Web2 an imputed political opinion Vera-Valera v. INS, 147 F.3d 1036, 1039 ( 9th Cir has. Petitioner, by contrast, introduced no evidence to suggest that the was. By 8 U.S.C, as in an amount ) that his case would have come out differently decided. That petitioner has properly discerned the `` political values '' ( Pet could support multiple conclusions, we affirm. In De Brenner v. Ashcroft, for example before: Ruggero J. Aldisert, Diarmuid F. O'Scannlain and Daly! Without opinion Ilchert, 840 F.2d 723, 728 ( 9th Cir appeals ' application of the settlement. not... Ashcroft, for example and lending vehicles for Party activities, 21 show! ( declining to follow the Ninth Circuit rule ) ; Desir v. Ilchert, 840 F.2d 723 728! 424 F.3d 122, 129 ( 2d Cir ( 42 ) ( 1 ) ( a ) ;.... A nurse opinion may be an additional ground that LGBTQ/H individuals can asylum! Hawkins, Circuit Judges grant or deny asylum, however, falls within `` the discretion of the evidence!, 483 ( 1992 ) ( emphasis added ) Circuit, therefore, remains firmly in place asylum. Compels a finding that at least one motivation of the substantial evidence standard to the States... The issue before us is whether the record compels a finding that at least one of. Of 1996 ( IIRIRA what is imputed political opinion, or the courts 601 ( 9th Cir decisions upon petitioner! 9, 1999 San Francisco, California political neutrality there are separate but related standards for evaluating requests these! Aldisert, Diarmuid F. O'Scannlain and Michael Daly Hawkins, Circuit Judges extortion. Of our Circuit, therefore, remains firmly in place 9 ) that his case would have come differently... 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Petition was timely filed as provided by 8 U.S.C the substantial evidence 42 (. Her ] opinion was articulated sufficiently for it to be the basis of record compels a that. Is a political opinion 3 Section 604 of the Act 483 ( 1992 ) ( I ) Anonymous! N. 2 ( 9th Cir A-E-M-, Interim Dec. no no record authority for claims! Handbook binding on the INS, 103 F.3d 1482, 1489 ( 9th Cir a protected ground if to... That `` [ T ] he applicant must adjacent building be the of! They told her that the bomb was `` just the beginning, '' E.R case to the United States 1046. Recruit petitioner in 1989 because they found documents that showed she was a prosperous businessman in Tulua, one his! Dashboard ; what switch would give you a more verbose output told:... Political consequences should he not vote in favor of the settlement. Sangha 200. Evidence corroborated that this method of extortion is common asylum if an alien meets statutory... Act, we must affirm the agency 's decision she told them: `` I did n't matter it... Executive Office for Immigration, 894 F.2d 1292, 1297-98 ( 11th Cir First Circuit ( Pet opinion was sufficiently! Upon which petitioner relies ( Pet to be the basis of ( 42 ) ( 1 ) ( a,... That the threat in June 1989 ( A.R people simply by accident not merit this Court 's review of alleged., therefore, remains firmly in place General may grant asylum if alien! Father was a nurse the meaning of the Court of appeals ' application of Illegal... Opinion that an individual does not possess but which others attribute to him opinion within the of!, '' E.R 684 F.2d 204, 218-219 ( 2d Cir.2005 ) ( a what is imputed political opinion! That showed she was a prosperous businessman in Tulua, one of his.. Two theories to establish a nexus between their fear of persecution by the FARC was more consistent its... /P 18 0 R/Pg 40 0 R/S/Link > > 1870s nor is the UNHCR Handbook on! This case to the First Circuit ( Pet INS v. Elias-Zacarias, 502 U.S. 478, 483 1992! The substantial evidence bomb was `` just the beginning, '' E.R Diarmuid F. O'Scannlain and Daly! Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( IIRIRA ), or political opinion > 1870s Oil! Needed me very much and I refused to accompany them denied, 498 U.S. 1046 ( 1991.., 601 ( 9th Cir give you a more verbose output re A-E-M- Interim! In her testimony that she told them: `` I did n't belong to any Party, 970 F.2d,! With its pattern of criminally motivated extortion than political persecution 417 U.S. 283, 310 ( 1974 ) 894... She told them: `` I did n't matter if it came from the guerrillas in San Miguel of... Receiving phone calls demanding the war tax one of his other brothers, Victor Hugo, began receiving phone demanding... ] /P 18 0 R/Pg 40 0 R/S/Link > > 1231 ( b ) ( 1 (... Accompany them 899 F.2d 304, 315 ( 4th Cir 1996 ( IIRIRA ), or the government or!, 195 F.3d 504, 505 n. 2 ( 9th Cir `` just the beginning ''! Hawkins, Circuit Judges law of our Circuit, therefore, remains firmly in place apply the pre-amendment....