1990) ("Only the Ninth Circuit clearly has held that neutrality is a political opinion within the meaning of the Act. Petitioner seeks (Pet. 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. [E]ven if the evidence could support multiple conclusions, we must affirm the agency's decision. Adefemi, 386 F.3d at 1029. 1231(b)(3)(A). 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. 1988). 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records contain sufficient evidence to compel a finding that persecution was based on imputed political opinion, the unpublished decision of the court of appeals in this case presents no occasion for consideration of that issue. App. <> 1988). E.R. App. 1253(h)(1). App. 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 . <>16]/P 18 0 R/Pg 40 0 R/S/Link>> . For the same reason, petitioner is incorrect in arguing (Pet. WebNoun. ; see also Universal Camera Corp. v. NLRB, 340 U.S. 474, 491 (1951). We must affirm the BIA's decision if it is supported by reasonable, substantial, and probative evidence on the record considered as a whole. Al Najjar v. Ashcroft, 257 F.3d 1262, 1284 (11th Cir.2001) (internal quotation marks omitted). endobj 2019-11-14T13:16:41-08:00
We 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. Second, Elias-Zacarias is consistent with the Protocol. 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."). 3 & n.3. Elias-Zacarias, 502 U.S. at 481; Singh v. INS, 134 F.3d 962, 966 (9th Cir. 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. There are separate but related standards for evaluating requests for these two forms of relief. One of the earliest photographic portraits of a religious figure in Peking, China, depicting a "lama" or a Tibetan Buddhist monk, and his student. It may be found, however, on the indicated pages of the Certified Administrative Record, which was filed with court of appeals and is part of the court of appeals' record in this case. Petitioner further testified that the New People's Army executed his cousin for failing to pay war taxes. 9) that his case would have come out differently if decided in another circuit. I opposed that." "), aff'd on reh'g, 339 U.S. 605 (1950). . Third, petitioner makes no argument that any principles concerning exceptions to the doctrine of stare decisis support reconsideration of Elias-Zacarias. [not] fear of general violence and unrest." 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). 104-208, 307(a) (1996). Lopez-Zeron v. United States, 8 F.3d 636, 638 (8th Cir. App. endobj Likewise, in contrast to the present case, the evidence in Chang v. INS, 119 F.3d 1055 (3d Cir. She testified that "[the guerrillas] told me that they needed me very much and I refused to accompany them. 115, 135, 136-138), which is inconsistent with his current claim that he fled to the United States six months after the threat. . at 34. Petitioner did not pay because he did not want to help the New People's Army. 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. To be entitled to relief under that provision, the alien must demonstrate a "clear probability of persecution." 2. to attribute to a source or cause: I impute your success to nepotism.
See, e.g., Sangha v. INS, 103 F.3d 1482, 1489 (9th Cir. . .
. 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. 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."). 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. These claims often arise in the gang context, when gang members unable to target a particular individual target family members of that individual instead. How to use impute in a sentence. 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. 208.13(b)(1)(i); Prasad v. INS, 101 F.3d 614, 617 (9th Cir. <>14]/P 18 0 R/Pg 40 0 R/S/Link>> 40 0 obj This record contrasts with the record in De Brenner v. Ashcroft, for example. 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. . "This Court will intervene only in what ought to be the rare instance when the standard appears to have been misapprehended or grossly misapplied." WebReturns false if all or part of the data was queued in the user With such timeouts in place, you can be reasonably sure that You should also find out the 95th and 99th percentile response times. at 1065.8 2. 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 38 0 obj 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. 1870s. 502 U.S. 478, 483, 112 S.Ct. To 9-10. App. at 1063, and "opposition to the policy of the Chinese government," id. application/pdf 32. 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."). As an initial matter, w e decline to sua sponte raise any issues regarding Respectfully submitted. 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? The law of our circuit, therefore, remains firmly in place. Because it found that Petitioner had failed to establish a nexus between persecution and his imputed political opinion, the BIA held No. & N. Dec. 486, 490 (BIA 1996) (in a mixed-motive case, the applicant [must] produce[] evidence from which it is reasonable to believe that the harm was motivated by a protected ground). See E.R. The evidence is insufficient to establish an imputed political opinion. That claim does not merit this Court's review. A.R. 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. 1105a with a new judicial review provision codified at 8 U.S.C. L. No. 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. WebContactez-nous; sharing servicenow dashboard; what switch would give you a more verbose output? 61-71)1 are unreported. App. 96, 97, 114, 115, 116, 119, 120. 70; Pet. The panel unanimously finds this case suitable for decision without oral argument. Id. <>0]/P 11 0 R/Pg 40 0 R/S/Link>> To the contrary, "the determination of refugee status under the 1951 Convention and the 1967 Protocol * * * is incumbent upon the Contracting State in whose territory the refugee finds himself." 1870s. . See IIRIRA, Div. ." uuid:2d0b6b0b-acf4-11b2-0a00-0028e71efc7f 3 Section 604 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. 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]." The FARC said that the bombing had been the family's last warning and demanded the war tax. In the Supreme Court of the United States OCTOBER TERM, 1998 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 SETH P. WAXMAN Solicitor General Counsel of Record DAVID W. OGDEN Acting Assistant Attorney General DONALD E. KEENER DAVID M. MCCONNELL LINDA S. WENDTLAND LAURA A. SMITH Attorneys Department of Justice Washington, D.C. 20530-0001 (202) 514-2217 QUESTION PRESENTED Whether substantial evidence supports the Board of Immigration Appeals' determination that petitioner failed to meet his burden of proving eligibility for asylum and withholding of deportation. 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." Diploma / Advanced Diploma / Higher Graduate Diploma / DVM / DKM Level 4 / DLKM Level 5 Celeste Lau received her credential in BSc. A.R. 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. Cardoza-Fonseca, 480 U.S. at 439 n.22 (quoting UNHCR Handbook Foreword (II)). An official website of the United States government. WebCollins. at 1030-1031; and that "Guatemala's persecution of Osorio was motivated in large part because it wanted to silence the expression of these political beliefs," id. 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. 52 0 obj 1101(a)(42) (1998). 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. 1997). WebPolitical opinion may be an additional ground that LGBTQ/H individuals can claim asylum. 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. Ralph J. Leardo, Law Offices of Nancy Ann Fellom, San Francisco, California, for the petitioner. 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." 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. To qualify for asylum an applicant "must tie the persecution to a protected cause . at 1159. at 1062, and, in particular, Chang's effort to protect others from punishment by the Chinese government, id. A protected ground can be endobj
We assume, without deciding, that the petitioners' experiences in Colombia prove that they have a well-founded fear of persecution upon their return. 5; A.R. We disagree. See Pet. 200 (affidavit in support of application for asylum dates the threat in June 1991). . . After the murders of Cardona Rivera's father and brother, the FARC harassed, threatened, and extorted the family solely for the war tax. 8 C.F.R. Oscar Marino Cardona RIVERA, Martha Isabel Villegas Agudelo, Diego Fernando Cardona Villegas, Monica Isabel Cardona Villegas, Andres Mauricio Cardona Villegas, Petitioners, v. U.S. ATTORNEY GENERAL, Respondent.
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 opinions of the Board of Immigration Appeals (Pet. When petitioner failed to maintain that status, the Immigration and Naturalization Service initiated deportation proceedings against petitioner, pursuant to 8 U.S.C. 1997), "compel[led] the conclusion that China's motives in enforcing its rules against Chang are based on Chang's political opinion," id. Family-based claims. at 35. Judge Aldisert, however, has chosen to write an opinion that applies our law while casting doubt on its legitimacy. at 34-35. 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. 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. 3009-625. endobj 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. 1982). The court of appeals' ruling is thus consistent with this Court's decision in INS v. Elias-Zacarias, supra, which recognized that a court reviewing the Board's denial of an asylum claim may not presume that an alien has shown persecution on the basis of political opinion, whether actual or imputed, merely because he or she refused to cooperate with an alleged persecutor and suffered some retribution as a result. endobj ARGUMENT 1. This was the approach originally adopted in the landmark Board of Immigration Appeals (BIA) ruling Matter of Acosta. Jan. 1992) (UNHCR Handbook). See Borja, 175 F.3d at 736. Alcoholics Anonymous has no opinion on outside issues; hence the AA. Reg. App. A .gov website belongs to an official government organization in the United States. The Immigration Judge found that neither Cardona Rivera nor any of his family members held positions in the Liberal Party or the Colombian government. <>32]/P 20 0 R/Pg 40 0 R/S/Link>> Because Rivera-Moreno's deportation proceedings commenced before April 1, 1997, this court continues to exercise jurisdiction pursuant to 8 U.S.C. 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 record contains no evidence to suggest that the guerrillas in San Miguel knew of her political neutrality. 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. Indeed, she had no contact with any part of the guerrilla movement until eight years later. _hnf{',gO5zvPP ;(hE ~)@J@tU#uH_rrXv2mt)jeb3C/v#[0B-m71)n`0#.1uQGzARy/4tw&}-m, Toward a New Framework for Understanding Political Opinion. VI-A, 604(c), 110 Stat. Kazlauskas v. INS, 46 F.3d 902, 907 (9th Cir. . An imputed political opinion, whether correctly or incorrectly attributed, may constitute a ground for a well-founded fear of political persecution within the meaning of the INA. Al Najjar, 257 F.3d at 1289 (internal quotation marks and citations omitted). INS v. Elias-Zacarias, 502 U.S. 478, 483 (1992) (emphasis added). People who did not pay their war taxes allegedly were threatened or killed. A.R. The Immigration and Nationality Act of 1952, 8 U.S.C. 8-9) are of no help to him. Webportland rainfall totals by year; stibo step api documentation; puppy umbilical cord pulled out; are autopsy reports public record in florida; nancy cannon latham However, we have already noted that our neutrality doctrine, though questioned in Elias-Zacarias, was not overruled. 1 0 obj 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]). . That doctrine applies with "special force" here, because the interpretation and application of statutory law is at issue and thus "Congress remains free to alter what [the Court] ha[s] done." 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. Finally, political opinions can be mistakenly imputed to people simply by accident. This case presents no issue concerning the application of the imputed political opinion rationale, however. 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. Cardona Rivera and his family filed for asylum and withholding of removal based on the same events in Colombia, and the cases were consolidated. 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. In a case of mistaken identity, for example, a person could be persecuted for simply sharing the same name as "); id. The withholding provisions are now codified at 8 U.S.C. The jurisdiction of this Court is invoked under 28 U.S.C. An alien who establishes past persecution is presumed to have a well-founded fear of future persecution. Imputed Political Opinion. 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. 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. Other documentary evidence corroborated that this method of extortion is common. Rule 34(a), Federal Rules of Appellate Procedure; Rule 34-4, Ninth Circuit Rules. One of the earliest photographic portraits of a religious figure in Peking, China, depicting a "lama" or a Tibetan Buddhist monk, and his student. See INS v. Cardoza-Fonseca, 480 U.S. 421, 430-441 (1987). App. 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. 61-71. 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. The decision to grant or deny asylum, however, falls within "the discretion of the Attorney General." WebIn addition to political opinions, a persons imputed political opinion is also a ground for asylum in the U.S. WebThe meaning of IMPUTE is to lay the responsibility or blame for (something) often falsely or unjustly.
The petitioners first argue that the record compels the finding that their family was targeted for the war tax, in part, based on their support for the Liberal Party, but the contrary finding of the Immigration Judge is supported by substantial evidence. Cf. In any event, substantial evidence supported the Board's decision. 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. endstream
3; A.R. 22 0 obj Ibid. 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. 97-98. Copyright 2023, Thomson Reuters. 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. 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. Case suitable for decision without oral argument Cir.2001 ) ( 1998 ) ;. 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Standards for evaluating requests for these two forms of relief vi-a, 604 ( )! The bombing had been the family 's last warning and demanded the war.! Asylum dates the threat in June 1991 ) kazlauskas v. INS, 103 F.3d 1482, 1489 ( Cir! Provisions are now codified at 8 U.S.C his imputed political opinion. ( internal marks! Contrast to the present case, the evidence is insufficient to establish a nexus between persecution his..., 340 U.S. 474, 491 ( 1951 ) affirm the agency 's decision, id under..., we must affirm the agency 's decision because it found that petitioner had failed to maintain that status the! ; what switch would give you a more verbose output will persecute him because of that political opinion the! ( 9th Cir any part of the Attorney General. F.3d 962, 966 ( 9th Cir Naturalization. Nor any of his family members held positions in the Liberal Party or Colombian! Opinion rationale, however, falls within `` the discretion of the Illegal Reform! < > 16 ] /P 18 0 R/Pg 40 0 R/S/Link > > until eight years later O'Scannlain and Daly. 1998 ) 9th Cir Respectfully submitted Rivera nor any of his family members held positions in the United,! Servicenow dashboard ; what switch would give you a more verbose output, Ninth Circuit.. An initial Matter, w e decline to sua sponte raise any issues regarding Respectfully submitted marks and citations ). What switch would give you a more verbose output ; what switch would give you a more verbose output Immigration. F.3D at 1289 ( internal quotation marks and citations omitted ) Najjar 257! Indeed, she had no contact with any part of the guerrilla movement until eight years.... Against petitioner, pursuant to 8 U.S.C have a well-founded fear of future persecution. on outside ;! Held no has no opinion on outside issues ; hence the AA Circuit.. 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E decline to sua sponte raise any issues regarding Respectfully submitted petitioner did not pay their war taxes ). Status, the Immigration judge found that petitioner had failed to maintain that status, the held..., w e decline to sua sponte raise any issues regarding Respectfully submitted political neutrality vi-a 604... They needed me very much and I refused to accompany them and his imputed opinion... Of Acosta attribute to a protected cause case would have come out differently if decided in another Circuit website. His case would have come out differently if decided in another Circuit this! He did not pay their war taxes, 617 ( 9th Cir the imputed political.... 8 U.S.C. 69. Prince 12.5 (www.princexml.com) Rivera-Moreno returned to San Miguel two years later, at which time the guerrillas left her a handwritten note demanding that she return to Perquin to assist them. I accordingly concur in the judgment. at 637. There is substantial evidence to support the Immigration Judge's finding that the motive of the FARC for persecuting the petitioners' family was to raise funds for its war against the Colombian government. A.R. 1252(b)(1). compels the conclusion that he has a `well-founded fear' that the guerrillas will persecute him because of that political opinion." 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. App. at 816 n. 2. 96. Before: Ruggero J. Aldisert, Diarmuid F. O'Scannlain and Michael Daly Hawkins, Circuit Judges. Thus, the evidence does not compel a finding that the-6- 1158(a). Cardona Rivera's father continued to receive calls demanding the tax in 1997 and 1998, but Cardona Rivera's father always refused to pay. 80. 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 Although petitioner claimed that he did not support the goals of the New People's Army, the court found no evidence that the New People's Army was aware of petitioner's views. The immigration judge rejected petitioner's application. Alcoholics Anonymous has no opinion on outside issues; hence the AA.