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. See In re S-P-, 21 I. 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. WebCollins. Cardona Rivera's father continued to receive calls demanding the tax in 1997 and 1998, but Cardona Rivera's father always refused to pay. at 36, and again forced her to care for their wounded. Cardona Rivera and his family filed for asylum and withholding of removal based on the same events in Colombia, and the cases were consolidated. That which is put in, as in an amount. 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. A.R. endstream A.R. 70. The opinion suggests that our court's established law of "hazardous neutrality" conflicts with the Supreme Court's decision in Elias-Zacarias. E.R. 1252(b)(1). 1101(a)(42)(A); Desir v. Ilchert, 840 F.2d 723, 728 (9th Cir. 2 0 obj No AA. That claim does not merit this Court's review. 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. denied, 498 U.S. 1046 (1991); Bertrand v. Sava, 684 F.2d 204, 218-219 (2d Cir. 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. Petitioner further testified that the New People's Army executed his cousin for failing to pay war taxes. 1158(b)(1)(A). b. App. My rule was to help anybody. 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. 8 U.S.C. The petitioners must establish that they would more likely than not be persecuted on account of a protected ground if returned to Colombia. 102, provides that an alien will be considered a "refugee" if he "is unable or unwilling to return to" his home "because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particu- lar social group, or 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. 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. WebThis is called an imputed political opinion. Pet. Websister received could be imputed to Portillo. In this case, as in Sangha, "it is equally likely that the [persecuting group] acted for other reasons," ibid., such as a desire to strengthen the organization and help it achieve its own military goals, or to impose discipline, id. 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 9-10. Cf. 24 0 obj However, we have already noted that our neutrality doctrine, though questioned in Elias-Zacarias, was not overruled. L. No. 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. <> . <>16]/P 18 0 R/Pg 40 0 R/S/Link>> Holding that (1) BIA failed to consider relevant evidence in determining that Petitioner failed to show nexus, (2) Petitioner's membership in proposed PSG of "unmarried mothers living under control of gangs" and imputed anti-gang political opinion were one central reason for her harm, (3) IJ erred in finding that Petitioner's proposed PSG did not Sangha v. INS, 103 F.3d 1482, 1488 (9th Cir. See also Vera-Valera v. INS, 147 F.3d 1036, 1039 (9th Cir.

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. People who did not pay their war taxes allegedly were threatened or killed. 3009-602. In the Supreme Court of the United States OCTOBER TERM, 1998 No. App. endobj 200 (affidavit in support of application for asylum dates the threat in June 1991). Finally, political opinions can be mistakenly imputed to people simply by accident. Ibid. at 10 ("no evidence" that threats were politically motivated). 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. See Majority Opinion at 5405-06 ("We adhere to this precept notwithstanding the statement of the Supreme Court in [Elias-Zacarias]."). The petitioners next argue that they refused to pay the war tax on account of their family's political opposition to the FARC and this political opposition is sufficient to render the likely persecution of their family on account of their political opinion. 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. (first emphasis added). 1988). Pet. See E.R.

1105a. at 5. So long as an applicant for asylum proves with specific and credible evidence he or she has a well-founded fear of persecution on account of a protected ground, it matters not that his or her persecutors may have additional motives for their actions. 8 U.S.C. 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 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. 5. 9-10. Rule 34(a), Federal Rules of Appellate Procedure; Rule 34-4, Ninth Circuit Rules. 8-9) are of no help to him. 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. 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. See id. "); id. 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." 17) underlying the Protocol, courts are not bound by the unwritten values animating international instruments. . See IIRIRA, Div. Cardona Rivera and his remaining brothers took over their family business, and Cardona Rivera's mother began receiving telephone calls from members of the FARC, who claimed responsibility for her husband's murder and threatened that more murders would follow unless the family paid its outstanding war tax. 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. A.R. 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. Webportland rainfall totals by year; stibo step api documentation; puppy umbilical cord pulled out; are autopsy reports public record in florida; nancy cannon latham [E]ven if the evidence could support multiple conclusions, we must affirm the agency's decision. Adefemi, 386 F.3d at 1029. 1101(a)(42)(A) (1994).2 If the "Attorney General determines" that an alien qualifies as a refugee, the Attorney General may grant that person asylum in the United States, 8 U.S.C. See 8 C.F.R. %PDF-1.7 % Thus, the evidence does not compel a finding that the-6- 1158(a). 1101(a)(42)(A). 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 . 52 0 obj 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. Cardona Rivera confronted the killers who pointed a gun at him as they fled the scene. First, assuming arguendo that petitioner has properly discerned the "political values" (Pet. 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. This court reviews administrative fact findings under the highly deferential substantial evidence test. Adefemi v. Ashcroft, 386 F.3d 1022, 1026-27 (11th Cir.2004) (en banc).

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104-208, 307(a) (1996). Petitioner conceded deportability, and sought asylum and withholding of deportation, claiming that he feared persecution by the New People's Army. The email address cannot be subscribed. For the same reason, petitioner is incorrect in arguing (Pet. Mobil Oil Corp. v. Federal Power Comm'n, 417 U.S. 283, 310 (1974). 1253(h). E.R. [not] fear of general violence and unrest." Petitioner also testified that the New People's Army extorted "taxes" from landowners and peasants alike, id. How to use impute in a sentence. C, Tit. That is particularly true with respect to the Protocol, because it is not a self-executing treaty. 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.