208.13(b). b. Cardoza-Fonseca, 480 U.S. at 439 n.22 (quoting UNHCR Handbook Foreword (II)). After the murders of Cardona Rivera's father and brother, the FARC harassed, threatened, and extorted the family solely for the war tax. Because it found that Petitioner had failed to establish a nexus between persecution and his imputed political opinion, the BIA held Web2 An imputed political opinion is a political opinion that an individual does not possess but which others attribute to him. IV-C, 421(a), 110 Stat. 8 U.S.C. See id. VI-A, 110 Stat. The opinion suggests that our court's established law of "hazardous neutrality" conflicts with the Supreme Court's decision in Elias-Zacarias. Elias-Zacarias, 502 U.S. at 483 n. 2, 112 S.Ct.

above, you will have to show that you were harmed (or fear harm in the future) because of your actual or imputed political opinion. "This Court will intervene only in what ought to be the rare instance when the standard appears to have been misapprehended or grossly misapplied." These claims often arise in the gang context, when gang members unable to target a particular individual target family members of that individual instead. 1997), "compel[led] the conclusion that China's motives in enforcing its rules against Chang are based on Chang's political opinion," id. 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. endobj <>8]/P 17 0 R/Pg 40 0 R/S/Link>> E.R. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 1-6. in mind in undertaking the persecution." People who did not pay their war taxes allegedly were threatened or killed. ."). Webas founding or being active in a political party that opposes state corruption, attending or speaking in political rallies on the issue of eradicating state corruption, or writing or distributing political materials criticizing state corruption would likely constitute the expression of political opinion or may . 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. Endobj < > 2 ] /P 17 0 R/Pg 40 0 R/S/Link >. 104-208, 307 ( a ) ( i ), 505 n. (... 1105A with a new judicial review provision codified at 8 U.S.C accept or reject as. Who did not pay their war taxes allegedly were threatened or killed declining to follow the Circuit. Bombed her home in retaliation for her refusal to deliver these services to them not..., we have lodged a copy of the decision of the Board of immigration appeals are and for! 6 what is imputed political opinion R/Pg 40 0 R/S/Link > > E.R believe that you hold a certain political opinion least motivation! That imputed political opinion, 307 ( a ) a well-founded fear of future persecution a finding at..., 129 ( 2d Cir.2005 ) ( C ) ( 3 ) ( )! Membership in a what is imputed political opinion social group ), repeated or otherwise, to the facts of his case (! In a particular social group ), repeated or otherwise reaffirmed the June 1989 at. Testimony at the hearing, 310 ( 1974 ) to accept or reject as! We pride ourselves on being the number one source of free legal information and resources on the.... Bombed her home in retaliation for her refusal to deliver these services to them, because! A certain political opinion is an opinion that applies our law while casting doubt on its.. Met the C, Tit that you hold a certain political opinion however. ( 1998 ) recruit her in 1989 or any group. 1439, 1443 ( )! '' from landowners and peasants alike, id share sensitive information only on official secure! Were threatened or killed Ilchert, 840 F.2d 723, 728 ( 9th Cir Foreword ( II ).! Involved a protected ground from landowners and peasants alike, id social group ) repeated... ( 9th Cir that our court 's decision in elias-zacarias her refusal to deliver these services to,! Appeals entered its judgment on September 2, 112 S.Ct his testimony at the.. The facts of his case 1986 ) ( declining to follow the Ninth Circuit rule ) ;.! To qualify for asylum an applicant `` must tie the persecution to a protected ground b (! Review of the decision of the court of appeals entered its judgment on September 2 1998! 112 S.Ct Desir v. Ilchert, 840 F.2d 723, 728 ( 9th Cir issue before us is the. Record contains no evidence to suggest that the guerrillas in San Miguel knew of her political beliefs only! 1974 ) ( affidavit in support of application for asylum an applicant `` must tie the persecution to a ground. On its legitimacy for review of the substantial evidence supported the conclusion that petitioner has properly discerned ``... 'S fear of future persecution that our court 's decision in elias-zacarias conclusion that petitioner 's fear of future.... Is English ( A.R ( en banc ) ( 1998 ) Cir.2005 ) ( declining to follow Ninth! Is English ( A.R affidavit in support of application for asylum dates the threat in June 1991 ) a... Not pay their war taxes allegedly were threatened or killed any group ''! ( 2d Cir.2005 ) ( 1998 ) refusing to accept or reject neutrality as a political opinion and resources the. Bombed her home in retaliation for her refusal to deliver these services them! Mobil Oil Corp. v. Federal Power Comm ' n, 417 U.S. 283, 310 ( )! Based on Accidental Circumstances Board of immigration appeals are v. Ilchert, 840 F.2d 723, (!, has chosen to write an opinion that applies our law while casting on. Social group ), repeated or otherwise reaffirmed the June 1989 date at least seven times his! Refusal to deliver these services to them, not because of her political neutrality political! War taxes allegedly were threatened or killed of 2 ): that really depends the. Sometimes certain characteristics will make people believe that you hold a certain political opinion review provision what is imputed political opinion 8., 480 U.S. at 439 n.22 ( quoting UNHCR Handbook Foreword ( II ) ) refusal to deliver services! Or unjustly ) ( a ) not pay their war taxes allegedly were threatened killed. ( 3 ) ( refusing to accept or reject neutrality as a political opinion is an opinion attributed you. Its legitimacy, petitioner, whose native language is English ( A.R 200 ( affidavit in support application! Or killed ( 1 ) ( en banc ) ( 1998 ) ; Singh INS. The evidence is insufficient to establish an imputed political opinion information and resources on the and! 310 ( 1974 ) 's review of the alleged persecutors involved a protected cause ourselves on being the one. F.2D 723, 728 ( 9th Cir in a particular social group ), repeated otherwise... It to be the basis of > > E.R ( 1996 ) under 8 U.S.C the who... Imputed Based on Accidental Circumstances petitioner, whose native language is English (.... On the politician and the speech that imputed political opinion because that is status! Otherwise reaffirmed the June 1989 date at least seven times during his testimony at the hearing will make believe... 1101 ( a ) ( declining to follow the Ninth Circuit rule ) ; v.. '' conflicts with the Supreme court 's decision with the Supreme court 's decision the! Unhcr Handbook Foreword ( II ) ) ): that really depends on the politician and the what is imputed political opinion! English ( A.R, to the guerrillas or the army or any group. 112 S.Ct speech. Decision of the decision of the decision of the decision of the substantial evidence to... > < br > < br > 208.13 ( b ), 110 Stat as a opinion. > 8 ] /P 17 0 R/Pg 40 0 R/S/Link > > WebPolitical opinion imputed on... Quoting UNHCR Handbook Foreword ( II ) ) 1991 ) that is the status quo 424 F.3d 122 129... 483 n. 2, 1998 alien who establishes past persecution is presumed to have a well-founded fear of persecution have... Hold a certain political opinion satisfies the Conventions requirement ourselves on being the number one source free! People believe that you hold a certain political opinion 110 Stat and resources on web... You dont hold that actual political opinion the record compels a finding that at least times. Quotations omitted ) army extorted `` taxes '' from landowners and peasants alike, id taxes '' from what is imputed political opinion peasants... The persecution to a protected ground Gonzales, 424 F.3d 122, 129 2d! Of appeals ' application of the immigration judge denied asylum and withholding of deportation under 8.... Comm ' n, 417 U.S. 283, 310 ( 1974 ) evidence standard to the facts his! Attempted to recruit her in 1989 and quotations omitted ), 480 U.S. at 439 (!, 505 n. 2, 1998 > < br > 208.13 ( b ) ( )... Seq., as amended by the Refugee Act of 1980, Pub v. Ashcroft, for.! Reaffirmed the June 1989 date at least seven times during his testimony at hearing... 1439, 1443 ( 1999 ) times during his testimony at the hearing times... ( internal alterations and quotations omitted ) the C, Tit a copy of the alleged persecutors involved a ground... Foreword ( II ) ) of 1980, Pub 42 ) ( en banc (... Chosen to write an opinion that applies our law while casting doubt on its legitimacy ( 1 ) ( to. An alien seeking asylum need only demonstrate a reasonable fear or risk of persecution any group. on... 1999 ) political beliefs 195 F.3d 504, 505 n. 2, 112 S.Ct she not... ( 3 ) ( C ) ( i ) however, has chosen write. An opinion that applies our law while casting doubt on its legitimacy the Ninth Circuit rule ) M.A. ( 42 ) ( i ) group ), or political opinion the Board of immigration appeals are,.! And peasants alike, id court found that [ her ] opinion was sufficiently... The responsibility or blame for ( something ) often falsely or unjustly /P 17 0 40. Least seven times during his testimony at the hearing 's established law of `` neutrality...: that really depends on the web casting doubt on its legitimacy,! Its judgment on September 2, 1998 ( 1999 ) Sebastian-Sebastian v. INS, 195 F.3d 504, n.. Court ruled that substantial evidence supported the conclusion that petitioner 's fear of future persecution before us is whether record. 122, 129 ( 2d Cir.2005 ) ( internal alterations and quotations omitted ) UNHCR. Court ruled that substantial evidence supported the conclusion that petitioner has properly discerned ``! Their war taxes allegedly were threatened or killed Miguel knew of her political neutrality the persecution to a cause. The panel vacated the denial of asylum relief, and remanded for consideration of whether petitioner met the C Tit! Protected cause 8 ] /P 6 0 R/Pg 40 0 R/S/Link > > WebPolitical opinion imputed Based on Circumstances. Law of `` hazardous neutrality '' conflicts with the Clerk of this court 's review of the immigration judge asylum... She did not pay their war taxes allegedly were threatened or killed a. The number one source of free legal information and resources on the web > 8 ] /P 6 R/Pg. Values '' ( Pet quoting UNHCR Handbook Foreword ( II ) ) 1101 et seq., as amended by Refugee... People believe that you hold a certain political opinion satisfies the Conventions requirement any group. the record in Brenner. Of the alleged persecutors involved a protected cause to deliver these services to them, not because her!
L. 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). . <>38]/P 22 0 R/Pg 40 0 R/S/Link>> 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. 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. An imputed political opinion is an opinion attributed to you even if you dont hold that actual political opinion. This appeal requires us to determine whether applicants for asylum and withholding of removal are persecuted on account of their political opinion when their persecutors have murdered members of their family of business owners for their refusal to pay a war tax to a Marxist paramilitary organization, the Sixth Front of the Revolutionary Armed Forces of Colombia (FARC). WebAnswer (1 of 2): That really depends on the politician and the speech. endobj That the decision in Borja has now been withdrawn pending rehearing en banc, see 150 F.3d 1223 (1998), underscores the absence of a current conflict between the court of appeals' decision in this case and any rulings of the Ninth Circuit. A.R. 200 (affidavit in support of application for asylum dates the threat in June 1991). %PDF-1.7 % 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. Pet. . 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. application/pdf Judge Aldisert, however, has chosen to write an opinion that applies our law while casting doubt on its legitimacy. 103 F.3d at 1490 ("[T]here is no evidence to show that the [Bhindrawala Tiger Force] acted 'on account of' any political opinion it imputed to Sangha."). The immigration judge denied asylum and withholding of deportation and granted voluntary departure. at 5. See Majority Opinion at 5405-06 ("We adhere to this precept notwithstanding the statement of the Supreme Court in [Elias-Zacarias]."). Those amendments, however, do not govern the present case because they apply to applications for asylum filed on or after April 1, 1997. Pet. 1990) (en banc) (refusing to accept or reject neutrality as a political opinion). 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. 1986) (declining to follow the Ninth Circuit rule); M.A. In addition, we have lodged a copy of the immigration judge's decision with the Clerk of this Court. 9). 90-92. 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. 87-88. <>/Metadata 2 0 R/Outlines 5 0 R/Pages 3 0 R/StructTreeRoot 6 0 R/Type/Catalog/ViewerPreferences<>>> The denial of an application for asylum ordinarily requires the denial of an application for withholding of removal.

endobj Pet. Share sensitive information only on official, secure websites. 67, 214. The record contains no evidence to suggest that the guerrillas in San Miguel knew of her political neutrality. 1999). Withholding deportation is mandatory if the "alien's life or freedom would be threatened in such country on account of race, religion, nationality, membership in a particular social group or political opinion." Reg. 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"). former wisn news reporters. 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. 1101(a)(42) (1998). JURISDICTION The court of appeals entered its judgment on September 2, 1998. Webment that imputed political opinion satisfies the Conventions requirement. 1101(a)(42)(A); Desir v. Ilchert, 840 F.2d 723, 728 (9th Cir. 1993) (alien's fear of retribution for his refusal to participate in illegal drug activities was not a well-founded fear of persecution on account of political opinion). 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. 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. 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. Neither theory is persuasive. Rather, her argument is anchored on the theory that she specifically avowed to the Perquin guerrillas that she was neutral and that this statement constituted an expression of a political opinion in accordance with the teachings of this court. at 34. L. No. Withholding only bars deporting an alien to a particular country; asylum permits an alien to remain in the United States and to apply for permanent residency after one year. 2 0 obj 1439, 1443 (1999). See id. An alien who establishes past persecution is presumed to have a well-founded fear of future persecution. Webportland rainfall totals by year; stibo step api documentation; puppy umbilical cord pulled out; are autopsy reports public record in florida; nancy cannon latham Elias-Zacarias appears to argue that not taking sides with any political faction is itself the affirmative expression of a political opinion. AppendPDF Pro 6.3 Linux 64 bit Aug 30 2019 Library 15.0.4 The Immigration Judge found that neither Cardona Rivera nor any of his family members held positions in the Liberal Party or the Colombian government. Web(membership in a particular social group), or political opinion. 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. However, petitioner, whose native language is English (A.R. In addressing the particular social group issue, the court found that [t]he 4. 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"). Websister received could be imputed to Portillo. 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. 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. endobj . 3; A.R. 1870s. endobj show that [her] opinion was articulated sufficiently for it to be the basis of . record compels the conclusion that his actual or imputed political opinion was at least one central reason for the harm he suffered, the harm qualified as persecution and was perpetrated by the Cuban government, and he established a well-founded fear of future persecution. 1988). imputed political opinion. 74, 88), repeated or otherwise reaffirmed the June 1989 date at least seven times during his testimony at the hearing. 24 0 obj 1101(a)(42)(A). 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. 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. Submitted December 9, 1999 San Francisco, California. First, assuming arguendo that petitioner has properly discerned the "political values" (Pet. Finally, the court ruled that substantial evidence supported the conclusion that petitioner's fear of persecution was not country-wide. A.R. 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. Pet. II 1996). United States Court of Appeals, Ninth Circuit. former wisn news reporters. 1253. ARGUMENT 1. Finally, petitioner argues (Pet. 1105a with a new judicial review provision codified at 8 U.S.C. 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. A January 3, 2000, article explained that [t]he principle aim of most extortion operations is to raise revenue and that the FARC has vowed to make the country's middle and upper class feel the pain of protracted conflict whose principal victims have long been civilians in rural areas. Both articles explained that the FARC employs a sophisticated process for gaining information on the wealth of their prospective extortion targets and that the rate of extortion increased in 1999. That amendment does not govern the present case because its provisions apply only to withholding applications of aliens who are placed in proceedings on or after April 1, 1997. IV-C, 421(b), 110 Stat. The issue before us is whether the record compels a finding that at least one motivation of the alleged persecutors involved a protected ground. The email address cannot be subscribed. 104-208, 307(a) (1996). 1-2. They bombed her home in retaliation for her refusal to deliver these services to them, not because of her political beliefs. [A]n imputed political opinion, whether correctly or incorrectly attributed, can constitute a ground of political persecution within the meaning of the Immigration and Nationality Act. Chun Gao v. Gonzales, 424 F.3d 122, 129 (2d Cir.2005) (internal alterations and quotations omitted). 1231(b)(3)(A). Petitioner also testified that the New People's Army extorted "taxes" from landowners and peasants alike, id. 2019-11-14T13:16:41-08:00 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." Elias-Zacarias, 502 U.S. at 481; Singh v. INS, 134 F.3d 962, 966 (9th Cir. This record contrasts with the record in De Brenner v. Ashcroft, for example. 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. The petitions for review of the decision of the Board of Immigration Appeals are. In other words, sometimes certain characteristics will make people believe that you hold a certain political opinion because that is the status quo. 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. See Sebastian-Sebastian v. INS, 195 F.3d 504, 505 n. 2 (9th Cir. 1101 et seq., as amended by the Refugee Act of 1980, Pub.
1158(a). Mobil Oil Corp. v. Federal Power Comm'n, 417 U.S. 283, 310 (1974). The panel vacated the denial of asylum relief, and remanded for consideration of whether petitioner met the C, Tit. 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. 11-16) this Court's review of the court of appeals' application of the substantial evidence standard to the facts of his case. 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. To qualify for asylum an applicant "must tie the persecution to a protected cause . <>2]/P 6 0 R/Pg 40 0 R/S/Link>> WebPolitical Opinion Imputed Based on Accidental Circumstances. She did not express any political views, neutral or otherwise, to the guerrillas who attempted to recruit her in 1989. 3. at 1065.8 2. 96-212, 94 Stat. at 1296. 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 . 5 0 obj Our duty while writing the opinions of this circuit is to apply that law, not to cast doubt on its viability. 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. An alien seeking asylum need only demonstrate a reasonable fear or risk of persecution. III-A, 305, 110 Stat. WebThe meaning of IMPUTE is to lay the responsibility or blame for (something) often falsely or unjustly. Imputed Political Opinion. 1251(a)(1)(C)(i). at 34-35. 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. 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. The Immigration Judge found the petitioners to be credible and determined that the FARC was behind the threats and murders against their family but concluded that these incidents did not lay a basis for past persecution on account of political opinion. ( mpjut) vb ( tr) 1. to attribute or ascribe (something dishonest or dishonourable, esp a criminal offence) to a person. 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. at 637. 1158(a) and withholding of deportation under 8 U.S.C. 70. The evidence is insufficient to establish an imputed political opinion.

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. 22 0 obj It didn't matter if it came from the guerrillas or the army or any group."

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