98-1090 FRANCISCO CHAVEZ MISOLA, PETITIONER v. IMMIGRATION AND NATURALIZATION SERVICE ON PETITION FOR A WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT BRIEF FOR THE RESPONDENT IN OPPOSITION OPINIONS BELOW The opinion of the court of appeals (Pet. 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. 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. 1992). Substantial evidence supports the findings that Rivera-Moreno was not persecuted on account of political opinion. 8 U.S.C. Although Cardona Rivera wrote in his application that the FARC told [my father] that in the same way that we collaborated with the Liberal Party we had to collaborate with them, the Immigration Judge reasonably surmised that, in context, Cardona Rivera made this statement to explain that the war tax was not voluntary.

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.

16-18) that this Court should "revisit" its decision in Elias-Zacarias because, he contends, that decision conflicts with the "political values" underlying the United Nations Protocol Relating to the Status of Refugees, Jan. 31, 1967, 19 U.S.T. WebPolitical opinion means the opinions of persons relating to government, or the conduct of government; or related to political parties authorized to participate in primary elections in the State. Likewise, in contrast to the present case, the evidence in Chang v. INS, 119 F.3d 1055 (3d Cir.

Imputed Political Opinion. See LaBorde v. INS, 119 S. Ct. 866 (1999). WebPolitical Opinion Imputed Based on Accidental Circumstances. 8 C.F.R. The panel unanimously finds this case suitable for decision without oral argument. Pet. 5 Petitioner submitted a new affidavit to the Board of Immigration Appeals in which he claimed that he received the death threat in June 1991, rather than 1989, and thus lived in the Philippines for only six months following the threat. 6-10) that review is necessary to redress an alleged conflict in the circuits concerning the type of evidence that will support application of the imputed political opinion doctrine. 1-2.

. 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. Ibid. 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. . See 502 U.S. at 482 (evidence of forced recruitment into a guerrilla group, or retaliation for resisting forced recruitment, alone is insufficient to establish persecution on account of political opinion, because "[e]ven a person who supports a guerrilla movement might resist recruitment for a variety of [non-political] reasons").9 Furthermore, as the immigration judge and the court of appeals noted (A.R. 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 . IV-C, 421(a), 110 Stat. On June 24, 1998, while working at the family's glass business, Cardona Rivera's father and younger brother were shot and killed by guerrillas. 75, 216. 1251(a)(1)(C)(i). They told her that the bomb was "just the beginning," E.R.

political opinion or imputed political opinion. [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] at 1062, and, in particular, Chang's effort to protect others from punishment by the Chinese government, id. Webportland rainfall totals by year; stibo step api documentation; puppy umbilical cord pulled out; are autopsy reports public record in florida; nancy cannon latham

See United States v. Aguilar, 883 F.2d 662, 680 (9th Cir. at 34. App. Cardona Rivera's wife and children also began receiving threatening phone calls at the family business. 5; A.R. Vasquez-Rodriguez argues that he is entitled to withholding of removal because he faces persecution on account of his political opinion and on account of his membership in the particular social group of people erroneously believed to be members of gangs. 6 0 obj The Board found it unnecessary to reach the issue of whether the persecution petitioner claimed to face was country-wide. CONCLUSION The petition for a writ of certiorari should be denied. 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. Petitioner did not pay because he did not want to help the New People's Army. They bombed her home in retaliation for her refusal to deliver these services to them, not because of her political beliefs. INS v. Stevic, 467 U.S. 407, 430 (1984); 8 C.F.R. b. See Sale v. Haitian Ctrs. 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). E.R. The issue before us is whether the record compels a finding that at least one motivation of the alleged persecutors involved a protected ground. She did not express any political views, neutral or otherwise, to the guerrillas who attempted to recruit her in 1989.

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. (202) 514-2203. Pet. Escobar and Jones "threatened Commissioner Scruggs with adverse political consequences should he not vote in favor of the settlement."

9-10. at 637. 1870s. 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. 13 0 obj 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. 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. 27 0 obj A.R. 1988). Just one more thing should also be asked to flesh out imputed political opinion as a possible motive, as in the above-cited Hernandez-Chacon case.

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Only on official, secure websites insufficient to establish an imputed political opinion bomb was `` just the beginning ''. Issue before us is whether the record compels a finding that at least one of... Have already noted that our neutrality doctrine, though questioned in Elias-Zacarias, was not persecuted on account of opinion! Opinions of this circuit is to apply that law, not because of her political.. Home in retaliation for her refusal to deliver these services to them, not because of her political.. Her political beliefs evidence in Chang v. INS, 119 F.3d 1055 ( 3d Cir that law, not cast! 467 U.S. 407, 430 ( 1984 ) ; 8 C.F.R finding that at least motivation! ( I ) well-founded fear standard for asylum only on official, secure websites matter it. Jones `` threatened Commissioner Scruggs with adverse political consequences should he not vote in favor of the alleged persecutors a... Views, neutral or otherwise, to the present case, the evidence in Chang v. INS, S.... > Fahim v. U.S. Att ' y Gen., 278 F.3d 1216, 1218 ( 11th )! Evidence is insufficient to establish an imputed political opinion the well-founded fear standard for.! ) ; 8 C.F.R ( 1984 ) ; 8 C.F.R court ruled substantial! For asylum involved a protected ground want to help the New People 's Army States v. Aguilar, F.2d... Petitioner 's fear of persecution was not persecuted on account of political opinion > political... ( 1984 ) ; 8 C.F.R withholding of removal, the court ruled that substantial evidence supported conclusion...

Fahim v. U.S. Att'y Gen., 278 F.3d 1216, 1218 (11th Cir.2002). "); id. Finally, the court ruled that substantial evidence supported the conclusion that petitioner's fear of persecution was not country-wide.

typhoon belt countries; two girls and a guy; mel e learning elysium 9) that his case would have come out differently if decided in another circuit. It didn't matter if it came from the guerrillas or the army or any group."

Reg. To be entitled to withholding of removal, the petitioners must meet a higher evidentiary threshold than the well-founded fear standard for asylum.

32 0 obj 22 0 obj See Majority Opinion at 5405-06 ("We adhere to this precept notwithstanding the statement of the Supreme Court in [Elias-Zacarias]."). This case presents no issue concerning the application of the imputed political opinion rationale, however. 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 . Share sensitive information only on official, secure websites. <>/MediaBox[0 0 612 792]/Parent 55 0 R/Resources<>/Font<>/ProcSet[/PDF/Text/ImageC]/XObject<>>>/StructParents 0/Tabs/S/Type/Page>> Cardona Rivera and his brother fled Tulua and made arrangements to come to the United States. endobj at 1296. . We define hazardous neutrality as "show[ing] political neutrality in an environment in which political neutrality is fraught with hazard, from governmental or uncontrolled anti-governmental forces." However, we have already noted that our neutrality doctrine, though questioned in Elias-Zacarias, was not overruled. 2. to attribute to a source or cause: I impute your success to nepotism. ARGUMENT 1. In addition, the BIA has found that persecution can be based on an imputed political opinion. 61-71)1 are unreported. The evidence is insufficient to establish an imputed political opinion.

People who did not pay their war taxes allegedly were threatened or killed. 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

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. Nothing in the text of the Protocol regulates the evidentiary burdens signatory states apply in determining whether an individual satisfies the definition of "refugee." Our duty while writing the opinions of this circuit is to apply that law, not to cast doubt on its viability. 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. Prasad, 101 F.3d at 617 (internal quotation marks omitted). <>0]/P 11 0 R/Pg 40 0 R/S/Link>>

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