political opinion." 87-88. She explained that any politically active Colombian is considered a threat to the FARC but that, if an individual pays a war tax, that person would be viewed by the FARC as a supporter and one of their friends.. To be entitled to relief under that provision, the alien must demonstrate a "clear probability of persecution." . The denial of an application for asylum ordinarily requires the denial of an application for withholding of removal. In addition to the family's testimony about the events leading up to their flight to the United States, the petitioners presented evidence about the operations of the FARC in Colombia. Finally, petitioner argues (Pet. 97-99. App. <> AppendPDF Pro 6.3 Linux 64 bit Aug 30 2019 Library 15.0.4 INS v. Aguirre-Aguirre, 526 U.S. 415, 119 S.Ct. 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. The petitioners argue that the record of their family's experiences in Colombia compels the conclusion that the FARC would persecute them upon their return and compels the conclusion that the persecution would be on account of their actual or imputed political opinion. The Supreme Court said in Elias-Zacarias that the failure to take sides in a dispute is not "ordinarily" the expression of a political opinion. 9-10. 30 0 obj <>14]/P 18 0 R/Pg 40 0 R/S/Link>> endobj We are a Premier medical Specialist Centre Holdings Sdn Bhd is a subsidiary of UKM Sdn. Cardona Rivera also testified that, although he did not hold a position with the Liberal Party, he thought he was targeted to pay the war tax based on his family's monetary support for the Liberal Party. 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. Contribution, or share in a contribution. Co. v. Linde Air Prods. Under the imputed political opinion doctrine, an alien may establish a fear of persecution based on political opinion by introducing evidence that a persecutor has undertaken its actions because of the persecutor's perception that the alien is a political opponent, even if the alien in reality does not hold such views. <> Relying on this Court's decision in INS v. Elias-Zacarias, 502 U.S. 478 (1992), the court held that the mere "existence of a generalized political motive of the [New People's Army] is insufficient to establish [petitioner's] fear of persecution on account of political opinion under the applicable statute." A.R. Borja, 175 F.3d at 737 (holding that petitioner was extorted on account of her political opinion when she was targeted for extortion after a hostile political confrontation with [the guerrillas]).
Pet. 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. Petitioner conceded deportability, and sought asylum and withholding of deportation, claiming that he feared persecution by the New People's Army. Pet. By contrast, petitioner testified that he engaged in no political activities, and "there is no evidence in the record that his [political] views were known to the [New People's Army]." Id. 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." Law of Refugee Status: Among those acts that have been construed as expressions of po- 1253(h)(1).4 2. J.A. United States v. Johnston, 268 U.S. 220, 227 (1925) (this Court "do[es] not grant a certiorari to review evidence and discuss specific facts"); cf. James A. Hunolt, Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for the respondent. 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. 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. 80 (citing . 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 The FARC never demanded that Cardona Rivera cease any political activities, never accused Cardona Rivera of being a government operative, and never demanded that his family cease involvement in the Liberal Party. A.R. See, e.g., Sangha v. 9-10. In the Supreme Court of the United States OCTOBER TERM, 1998 No. 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. VI-A, 604(c), 110 Stat. above, you will have to show that you were harmed (or fear harm in the future) because of your actual or imputed political opinion. Thus, Petitioner presented no evidence to suggest the 1989 guerrillas knew she was neutral; they only knew that she refused to contribute her nursing skills to them. App. 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." Learn more about FindLaws newsletters, including our terms of use and privacy policy. A.R. App. refers to that record. 1101 et seq., as amended by the Refugee Act of 1980, Pub. 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. 1158(b)(1)(A). 3 . Pet. . 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 . . . Petitioner did not pay because he did not want to help the New People's Army. WebNoun. uuid:2d0b6b09-acf4-11b2-0a00-90aeac020000 Petitioner was not active in Philippine politics; he testified that he supported neither the rebel movements nor the government. 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 An alien who establishes past persecution is presumed to have a well-founded fear of future persecution. endobj II 1996). compels the conclusion that he has a `well-founded fear' that the guerrillas will persecute him because of that political opinion." 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. 36 0 obj
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political opinion or imputed political opinion. 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. . 1-6. <>8]/P 17 0 R/Pg 40 0 R/S/Link>> In the affidavit submitted to the Board, petitioner ascribes the reference to the earlier date in his testimony as either a transcription error or a misstatement attributable to "nervous[ness]" while testifying. 90-92. 3-5. 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. at 1490-1491.6 Nor do the decisions of the Second and Third Circuits that petitioner cites (Pet. . We disagree. Even if we were to assume that the record compels the finding that Cardona Rivera's father and his family refused to pay the war tax for political reasons, this finding would not establish persecution on account of political opinion. See Borja v. INS, 139 F.3d 1251, 1254-1255 (1998). Sangha v. INS, 103 F.3d 1482, 1488 (9th Cir. See In re S-P-, 21 I. 1870s. Nor is the UNHCR Handbook binding on the INS, Congress, or the courts. E.R. Secure .gov websites use HTTPS Her testimony is not so persuasive as to compel the conclusion that they retaliated against because of her political neutrality.
2019-11-14T13:16:41-08:00 at 1296. Because the record does not compel the conclusion that the petitioners' fear of persecution is on account of their political opinion, we deny the petitions. The petition was timely filed as provided by 8 U.S.C. endobj . 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. Diploma / Advanced Diploma / Higher Graduate Diploma / DVM / DKM Level 4 / DLKM Level 5 Celeste Lau received her credential in BSc. 74, 88), repeated or otherwise reaffirmed the June 1989 date at least seven times during his testimony at the hearing. 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."). See E.R. [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] 1253. 1996).
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