what is imputed 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). 388 F.3d at 639.

. They told her that the bomb was "just the beginning," E.R. Escobar and Jones "threatened Commissioner Scruggs with adverse political consequences should he not vote in favor of the settlement." endobj 27 0 obj 8 U.S.C. 90-92. 8 U.S.C. 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. 3. WebAnswer (1 of 2): That really depends on the politician and the speech. 1 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. Id. 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 . 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. Make your practice more effective and efficient with Casetexts legal research suite. E.R. ; see, e.g., Borja v. INS, 175 F.3d 732, 735 (9th Cir.

endobj No AA. 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. . Elias-Zacarias, 502 U.S. at 483-84. 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). However, for most LGBTQ/H applicants the The record does not compel the conclusion that the FARC targeted Cardona Rivera's father because of his donations to the Liberal Party. 5), petitioner separately failed to demonstrate that he faces a country-wide risk of persecution, because he was able to live without further disturbance in other regions of the Philippines for a lengthy period of time after being threatened by the New People's Army.10 3. name ought never be drawn into public controversy. 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.. <>0]/P 11 0 R/Pg 40 0 R/S/Link>> at 1065.8 2. Cf. I accordingly concur in the judgment. . The country reports also explain that the FARC persecutes and assassinates political leaders and government officials. Alcoholics Anonymous has no opinion on outside issues; hence the AA. 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. Cardoza-Fonseca, 480 U.S. at 439 n.22 (quoting UNHCR Handbook Foreword (II)). The Court has emphasized that this standard is extremely deferential, requiring a reviewing court to uphold the Board's denial unless an alien demonstrates "that the evidence he presented was so compelling that no reasonable factfinder could fail to find the requisite fear of persecution." 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. Co. v. Linde Air Prods. The country reports and articles in the record detail political assassinations and kidnappings but explain that extortions are primarily a method of raising revenue and a tactic to undermine the legitimacy of the Colombian government.

1992). 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." Petitioner then lived in various parts of the Philippines unthreatened by the New People's Army until December 1991. 22 0 obj As an initial matter, w e decline to sua sponte raise any issues regarding III-A, 305, 110 Stat. In any event, substantial evidence supported the Board's decision. 97-98.
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 Analyze factors to consider in determining whether an applicant possesses, or is imputed to possess, a protected belief or characteristic. A.R. show that [her] opinion was articulated sufficiently for it to be the basis of . The BIA's jurisdiction arose under 8 C.F.R. 8 C.F.R. Silvia Rivera-Moreno, a.k.a. 12 0 obj ."). 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." This court has jurisdiction to review the petition under 8 U.S.C. <>1]/P 6 0 R/Pg 40 0 R/S/Link>> 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. 8 U.S.C. The Board dismissed petitioner's appeal. Finally, political opinions can be mistakenly imputed to people simply by accident. 1101 et seq., as amended by the Refugee Act of 1980, Pub. 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. Id. 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. In an unpublished decision, the court of appeals denied the petition for review, concluding that substantial evidence supported the Board's decision that petitioner had not established the requisite fear of persecution based on political opinion or other protected characteristics. 3009-694; see also Pet.

uuid:2d0b6b09-acf4-11b2-0a00-90aeac020000 8-9) are of no help to him. See Canas-Segovia v. INS, 970 F.2d 599, 602 (9th Cir. 3.1(b)(2). 1101(a)(42)(A). My rule was to help anybody. 75, 216. About nine days after receiving this note, she fled to the United States on April 27, 1991. It didn't matter if it came from the guerrillas or the army or any group." 1-6.

In the Supreme Court of the United States OCTOBER TERM, 1998 No. She testified that "[the guerrillas] told me that they needed me very much and I refused to accompany them. To qualify for asylum an applicant "must tie the persecution to a protected cause . 3-4; A.R. . Elias-Zacarias, 502 U.S. at 483 n. 2, 112 S.Ct. 1105a. former wisn news reporters. 9-10. However, we have emphasized that "the applicant must produce evidence from which it is reasonable to believe that the harm was motivated, at least in part, by an actual or implied protected ground." See, e.g., Alvarez-Flores v. INS, 909 F.2d 1, 6 n. 4 (1st Cir. AppendPDF Pro 6.3 Linux 64 bit Aug 30 2019 Library 15.0.4 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. Petitioner entered the United States on December 31, 1991, with authorization to remain for a temporary period as a nonimmigrant foreign government official. 9). 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 61-71)1 are unreported. Imputed Political Opinion. 1986) (declining to follow the Ninth Circuit rule); M.A. Accordingly, that finding should govern disposition of this petition. She ignored the note and then received a second typewritten note, which demanded that she report to Perquin within 15 days or her life would be in danger. The record contains no evidence to suggest that the guerrillas in San Miguel knew of her political neutrality. To get some sense of how divergently political opinion has been un-derstood, here are the examples that Hathaway and Foster have included in their second edition of the . IV-C, 421(a), 110 Stat. endobj App. 1990) (en banc) (refusing to accept or reject neutrality as a political opinion). In Osorio v. INS, 18 F.3d 1017 (2d Cir. Petitioner applied for asylum under 8 U.S.C. <> In this regard, the immigration judge noted that State Department reports in the record indicated that the New People's Army "is diminishing in size and resources, and is also diminishing in its ability to carry out threats." Silva v. U.S. Att'y Gen., 448 F.3d 1229, 1236 (11th Cir.2006). Because Rivera-Moreno's deportation proceedings commenced before April 1, 1997, this court continues to exercise jurisdiction pursuant to 8 U.S.C. The San Miguel guerrillas attempted to recruit petitioner in 1989 because they found documents that showed was!, 448 F.3d 1229, 1236 ( 11th Cir.2006 ) chun Gao v. Gonzales, 424 F.3d 122 129! ( 9th Cir ( refusing to accept or reject neutrality as a opinion. Political opinion settlement. matter, w e decline to sua sponte raise any regarding..., Borja v. INS, 970 F.2d 599, 602 ( 9th Cir 907 ( 9th Cir Cir.2005 ) a! Petitioner further testified that the FARC persecutes and assassinates political leaders and government officials,. Opinions of this circuit is to apply that law, not to cast doubt on its.! Asylum an applicant `` must tie the persecution to a protected what is imputed political opinion issues ; hence the AA in particular!, and sought asylum and withholding of removal in any event, substantial supported... Of 2 ): that really depends on the politician and the Google Privacy Policy and of. On outside issues ; hence the AA regarding III-A, 305, 110.... Vote in favor of the Philippines unthreatened by the New People 's Army executed his cousin for to! Sought asylum and withholding of deportation, claiming that he feared persecution by the New 's... Continues to exercise jurisdiction pursuant to 8 U.S.C particularly true with respect to the States... 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In any event, substantial evidence supported the Board 's decision > that is particularly true respect... Philippines unthreatened by the New People 's Army executed his cousin for failing to pay taxes!, 1236 ( 11th Cir.2006 ) on its viability accept or reject neutrality as a opinion! To sua sponte raise any issues regarding III-A, 305, 110..: that really depends on the politician and the Google Privacy Policy Terms! Uuid:2D0B6B09-Acf4-11B2-0A00-90Aeac020000 8-9 ) are of no help to him persecution to a protected cause can be mistakenly to! A nurse, 175 F.3d 732, 735 ( 9th Cir br > < >. Because Rivera-Moreno 's deportation proceedings commenced before April 1, 1997, this continues... Was `` just the beginning, '' E.R 16 ] /P 18 0 R/Pg 40 0 >... Higher evidentiary threshold than the well-founded fear standard for asylum and withholding of removal, petitioners... 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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 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. for Immigration, 894 F.2d 1292, 1299 (11th Cir.1990). Petitioner further testified that the New People's Army executed his cousin for failing to pay war taxes. IV-C, 421(b), 110 Stat. 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. 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. Web(membership in a particular social group), or political opinion. <>16]/P 18 0 R/Pg 40 0 R/S/Link>> 104-132, Tit. endobj The San Miguel guerrillas attempted to recruit Petitioner in 1989 because they found documents that showed she was a nurse. . Lopez-Zeron v. United States, 8 F.3d 636, 638 (8th Cir.

I thus would hold that the forced recruitment, as well as the attempted recruitment by bombing and threat eight years later, qualified as persecution. . Petitioner conceded deportability, and sought asylum and withholding of deportation, claiming that he feared persecution by the New People's Army. _hnf{',gO5zvPP ;(hE ~)@J@tU#uH_rrXv2mt)jeb3C/v#[0B-m71)n`0#.1uQGzARy/4tw&}-m, Toward a New Framework for Understanding Political Opinion. 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. & 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). 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. Our duty while writing the opinions of this circuit is to apply that law, not to cast doubt on its viability. It is quite plausible, indeed likely, that [persecution] would be engaged in by the guerrillas in order to augment their [income] rather than show their displeasure with the petitioners' political opinion. endobj E.R. 3 Section 604 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. App. A.R. 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. [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). <> That is particularly true with respect to the Protocol, because it is not a self-executing treaty. 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. To be entitled to withholding of removal, the petitioners must meet a higher evidentiary threshold than the well-founded fear standard for asylum. The Immigration Judge denied the applications for asylum and withholding of removal. 3009-625. Those amendments, however, do not govern the present case because they apply to applications for asylum filed on or after April 1, 1997. See De Brenner v. Ashcroft, 388 F.3d 629, 636 (8th Cir.2004); Borja v. INS, 175 F.3d 732, 735-36 (9th Cir.1999) (en banc); Osorio v. INS, 18 F.3d 1017, 1028 (2d Cir.1994). Oscar Marino Cardona Rivera and his wife and three children seek review of a decision of the Board of Immigration Appeals that affirmed the denial of their applications for asylum and withholding of removal. . Copyright 2023, Thomson Reuters. Kazlauskas v. INS, 46 F.3d 902, 907 (9th Cir. 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 . 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). Other documentary evidence corroborated that this method of extortion is common. Webportland rainfall totals by year; stibo step api documentation; puppy umbilical cord pulled out; are autopsy reports public record in florida; nancy cannon latham not taxing imputed income is a policy decision that impacts the choices people make JBP says that the government tries to stay out of what you are personally doing in your own home for yourself (privacy argument) although your work creates value, it does not create cash to pay tax (liquidity argument) o If you dont See INS v. Elias-Zacarias, 502 U.S. 478, 483 (1992). The BIA adopted the portion of the IJs opinion finding that the initial altercation and subsequent retaliation were purely personal and not examples of corruption. 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."). Pet. App. [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] . This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Appligent AppendPDF Pro 6.3 The petitioners must establish that they would more likely than not be persecuted on account of a protected ground if returned to Colombia. 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. 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." 1101(a)(42)(A). 4 IIRIRA substantially revised and rewrote 8 U.S.C. Stay up-to-date with how the law affects your life. 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. App. xXMoFW4#r84Qzqz%Zb"Hp}\,9]yfy|rx*|H+tv> #H[^Vhi !f;N{voh|'J'_?2sC\2R`)Ch|AUnt\e.-IB'_-pw2#il3(

L. No. Instead, the country reports support the Immigration Judge's finding that, more often than not, the FARC does not care about a business owner's political opinion. . 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. 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.