what is imputed political opinion

I nevertheless concur in the result because Rivera-Moreno has failed to establish a causal connection between her expression of neutrality and her forced or attempted recruitment. See Sangha v. INS, 103 F.3d 1482, 1488 (9th Cir. . If the alien makes such a showing, withholding of deportation is mandatory. at 10.

App. 1-6. 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. 1 0 obj App. 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. We have held, however, that forced recruitment by a revolutionary army is "a deprivation of liberty" that "would amount to persecution." Reg. The Board found it unnecessary to reach the issue of whether the persecution petitioner claimed to face was country-wide. App. Mohammed v. Ashcroft, 261 F.3d 1244, 1247-48 (11th Cir.2001). The 1996 Act replaced 8 U.S.C.

3-5. 1270. <>1]/P 6 0 R/Pg 40 0 R/S/Link>> Regardless, they forced her to care for their wounded for nine days, at which time she escaped and moved to the town of San Miguel.

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. Her testimony is not so persuasive as to compel the conclusion that they retaliated against because of her political neutrality.

Ibid. <>stream Testimony regarding a persecutor's statements about motive is direct evidence that the applicant's political opinion motivated the persecution. <>

Petitioner, by contrast, introduced no evidence (and cites no record authority for his claims now (Pet. 8 C.F.R. at 3. 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.

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. 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. 70. 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. 1997). . 69. We 61-71. A .gov website belongs to an official government organization in the United States. App. 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 When the Board adopts the Immigration Judge's decision without opinion, we review only the decision of the Immigration Judge. <> 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.

IV-C, 421(a), 110 Stat. Ralph J. Leardo, Law Offices of Nancy Ann Fellom, San Francisco, California, for the petitioner. . 2 0 obj 97-98. 1253(h)(1). Substantial evidence supports the findings that Rivera-Moreno was not persecuted on account of political opinion. 5 ("Nor is there evidence that the [New People's Army] actually imputed any political opinion to [petitioner]. . 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 5). Webassume he was a resister. 1989), cert. 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. VI-A, 604(c), 110 Stat. 104-208, 307(a) (1996). endobj Council, Inc., 509 U.S. 155, 183 (1993) ("[A] treaty cannot impose uncontemplated * * * obligations on those who ratify it through no more than its general humanitarian intent."). 3009-602. A.R. Toward a New Framework for Understanding Political Opinion See Canas-Segovia v. INS, 970 F.2d 599, 602 (9th Cir.

See Kazlauskas, 46 F.3d at 907. Websister received could be imputed to Portillo. 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. That claim is without merit for three reasons. On appeal, the BIA agreed that Petitioner was not eligible for asylum because she was not persecuted as a result of an actual or imputed political opinion.

See Borja v. INS, 139 F.3d 1251, 1254-1255 (1998). 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."). a. [E]ven if the evidence could support multiple conclusions, we must affirm the agency's decision. Adefemi, 386 F.3d at 1029.

<> Webimpute. have changed to such an extent that [the petitioner] no longer has a well-founded fear of being persecuted if he were to return." Imputed political opinion can also be developed in a domestic violence asylum case when the abusive spouse is politically powerful and uses the state apparatus to persecute defiant or feminist spouse or spouses who defy their husbands authority under an honor code such as Kanun in Albania. I opposed that." They bombed her home in retaliation for her refusal to deliver these services to them, not because of her political beliefs. III-A, 309(a) and (c), 110 Stat. In February 1998, Cardona Rivera's father told his family that he would not pay the FARC a solitary peso because they were a subversive group that was against the government and against all his principles.. App. at 35. That claim does not merit this Court's review.

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").

at 816 n. 2. at 34. Arteaga v. INS, 836 F.2d 1227, 1231-32 (9th Cir. b. The email address cannot be subscribed. Cf. 52 0 obj 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 1065.8 2. political opinion." We disagree. 1990) (pointing out that acceptance of neutrality as a political opinion "would create a sinkhole that would swallow the rule"); Cruz-Lopez v. INS, 802 F.2d 1518, 1520 n. 3 (4th Cir. See United States v. Aguilar, 883 F.2d 662, 680 (9th Cir. 53 0 obj The immigration judge rejected petitioner's application. Put the Valuable Impute Into Your Vocabulary Synonym Discussion of Impute. 1990) ("Only the Ninth Circuit clearly has held that neutrality is a political opinion within the meaning of the Act. A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. typhoon belt countries; two girls and a guy; mel e learning elysium Petitioner contends (Pet. 11-16) this Court's review of the court of appeals' application of the substantial evidence standard to the facts of his case. Thus, the evidence does not compel a finding that the-6- About nine days after receiving this note, she fled to the United States on April 27, 1991. The alien bears the burden of proving that he is a refugee because he has the requisite well-founded fear of persecution.

INS v. Aguirre-Aguirre, 526 U.S. 415, 119 S.Ct. 3. See INS v. Elias-Zacarias, 502 U.S. 478, 483 (1992). 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.").

9-10) suggest that they would reach a different outcome in this case. See LaBorde v. INS, 119 S. Ct. 866 (1999). E.R.

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. 1105a. Web(membership in a particular social group), or political opinion. .

He also testified in some detail that he resided in other parts of the Philippines following the threat (A.R.

1231(b)(3)(A). L. No. endobj Ruggero J. Aldisert, Senior Judge, United States Court of Appeals for the Third Circuit, sitting by designation. The Immigration Judge denied the applications for asylum and withholding of removal. A.R. Furthermore, when presented with the virtually identical claim of persecution by a Philippine native opposed to paying the New People's Army's exactions, the Ninth Circuit rejected the claim because it concluded, like the Fourth Circuit here, that the threats were motivated by the victim's economic ability to pay, not his or her political opinion. . 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 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. See 8 U.S.C. 8 U.S.C. Here, Petitioner argues that a reasonable fact finder would be compelled to find that she was persecuted on account of her neutral political belief.

1252. 1994),7 the court concluded that, while Guatemalan authorities persecuted union leaders in part for economic reasons, "substantial evidence * * * compel[led] the view that Guatemalan authorities persecuted Osorio because he and his union posed a political threat to their authority via their organized opposition activities," id.

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The Eighth Circuit has not adopted our teachings, but it has implied that it may recognize neutrality as a political opinion when a petitioner shows "that their fear of persecution is connected to or based on their political neutrality. We assume, without deciding, that the petitioners' experiences in Colombia prove that they have a well-founded fear of persecution upon their return.

In Garrovillas v. INS, 156 F.3d 1010 (1998), the threats against Garrovillas by the New People's Army were directly traceable to his service as an informant against the organization and his "anti-communist beliefs and his activities," of which the New People's Army was aware. former wisn news reporters. (Commerce) commerce to give (a notional value) to goods or services when the real value is unknown. 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.. No. Pet. 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. Imputed Political Opinion. at 1159. 36 0 obj 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. This latter circumstance is the basis for our "hazardous neutrality" doctrine, and it is inaccurate to suggest that the doctrine conflicts with Supreme Court precedent. 104-208, Div. App. Pet. Cardona Rivera's father was a prosperous businessman in Tulua, where he owned a business providing glass for construction work. Graver Tank & Mfg. 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." 2019-11-14T13:16:41-08:00 In a case of mistaken identity, for example, a person could be persecuted for simply sharing the same name as 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. Because it found that Petitioner had failed to establish a nexus between persecution and his imputed political opinion, the BIA held Like his father, Cardona Rivera supported the Liberal Party by distributing fliers and lending vehicles for Party activities. 1998). name ought never be drawn into public controversy. Second, Elias-Zacarias is consistent with the Protocol. 31-33; see also A.R. Rule 34(a), Federal Rules of Appellate Procedure; Rule 34-4, Ninth Circuit Rules. . 1253(h)(1).4 2. endstream Cardona Rivera and his brother fled Tulua and made arrangements to come to the United States. 1254(1). That is particularly true with respect to the Protocol, because it is not a self-executing treaty. To

When Petitioner refused to join the guerrillas in 1981, she told them that she "didn't belong to any party," and that her "rule was to help anybody." 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."). 2019-11-14T13:16:41-08:00 James A. Hunolt, Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for the respondent. 3 & n.3. The record does not compel the finding that the petitioners have a credible fear of persecution on account of their actual or imputed political opinions. persecution .

Lopez-Zeron v. United States, 8 F.3d 636, 638 (8th Cir. Pet.

De Brenner, 388 F.3d at 638 (finding imputed political opinion where guerillas labeled [the applicant] a political enemy based on her ties to an opposing political party). L. No. 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."). 1101(a)(42)(A) (emphasis added). In the Supreme Court of the United States OCTOBER TERM, 1998 No. <>/Metadata 2 0 R/Outlines 5 0 R/Pages 3 0 R/StructTreeRoot 6 0 R/Type/Catalog/ViewerPreferences<>>> . Judge Aldisert, however, has chosen to write an opinion that applies our law while casting doubt on its legitimacy. Office of the Solicitor General at 10 ("no evidence" that threats were politically motivated). To be entitled to withholding of removal, the petitioners must meet a higher evidentiary threshold than the well-founded fear standard for asylum. 1993). The law of our circuit, therefore, remains firmly in place. 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. E.R. Copyright 2023, Thomson Reuters. <> 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. 97-98; Pet. 3; A.R. 32 0 obj Elias-Zacarias, 502 U.S. at 483-84. Webportland rainfall totals by year; stibo step api documentation; puppy umbilical cord pulled out; are autopsy reports public record in florida; nancy cannon latham He claimed that the son of one of his part-time workers gave him a letter that bore a black ribbon and demanded 50,000 pesos; the black ribbon allegedly denoted a death threat. [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] Petitioner also testified that the New People's Army extorted "taxes" from landowners and peasants alike, id. App. A protected ground can be C, Tit. ( en noun ) The act or process of putting in; infusion. Petitioner was not active in Philippine politics; he testified that he supported neither the rebel movements nor the government. Silvia Rivera-Moreno, a.k.a. 3 . Neither Dr. Nagle's testimony nor any other evidence compels the finding that the FARC demanded that the petitioners' family pay a war tax as a political litmus test.

1105a with a new judicial review provision codified at 8 U.S.C. 1870s. Petitioner seeks (Pet. Prasad, 101 F.3d at 617 (internal quotation marks omitted).

The changes in asylum worked by the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), Pub. See, e.g., Sangha v. INS, 103 F.3d 1482, 1489 (9th Cir. To the extent the Immigration Judge's decision is based on a legal determination, we review it de novo. imputed political opinion. 3. 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"). 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. 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." The opinions of the Board of Immigration Appeals (Pet. See Sale v. Haitian Ctrs. Please try again. L. No.