what is imputed political opinion

9) that his case would have come out differently if decided in another circuit. 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 L. No. After Cardona Rivera fled Tulua, one of his other brothers, Victor Hugo, began receiving phone calls demanding the war tax. 8 U.S.C.

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." Other documentary evidence corroborated that this method of extortion is common.

1101(a)(42)(A) (emphasis added). 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. . See id. Cardona Rivera and his family filed for asylum and withholding of removal based on the same events in Colombia, and the cases were consolidated. 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. 1997), "compel[led] the conclusion that China's motives in enforcing its rules against Chang are based on Chang's political opinion," id. 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. 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. In August 2001, the Immigration and Naturalization Service also charged Cardona Rivera with removability for remaining in the United States for a time longer than permitted. at 1062, and, in particular, Chang's effort to protect others from punishment by the Chinese government, id. Prasad, 101 F.3d at 617 (internal quotation marks omitted). 1 Like his father, Cardona Rivera supported the Liberal Party by distributing fliers and lending vehicles for Party activities. A.R. No AA. 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. endstream 8 C.F.R. 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 1439, 1443 (1999). <>0]/P 11 0 R/Pg 40 0 R/S/Link>> Petitioner was not active in Philippine politics; he testified that he supported neither the rebel movements nor the government. 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. 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. 2019-11-14T13:16:41-08:00 However, we have already noted that our neutrality doctrine, though questioned in Elias-Zacarias, was not overruled. The record contains no evidence that Petitioner expressed her political neutrality in the eight years between the incident in Perquin and the retaliatory action in 1989. Petitioner testified that, in June 1989, the New People's Army demanded money from him. . III-A, 305, 110 Stat. Webportland rainfall totals by year; stibo step api documentation; puppy umbilical cord pulled out; are autopsy reports public record in florida; nancy cannon latham
Office of the Solicitor General 115, 135, 136-138), which is inconsistent with his current claim that he fled to the United States six months after the threat.

<>14]/P 18 0 R/Pg 40 0 R/S/Link>> App.

Third, petitioner makes no argument that any principles concerning exceptions to the doctrine of stare decisis support reconsideration of Elias-Zacarias. The evidence is insufficient to establish an imputed political opinion. App. Pet. 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. 3009-690, significantly revised the Immigration and Nationality Act's asylum provision. 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. A.R. E.R.

1253. Cardona Rivera heard the shots from an adjacent building. Petitioner also testified that the New People's Army extorted "taxes" from landowners and peasants alike, id. Elias-Zacarias appears to argue that not taking sides with any political faction is itself the affirmative expression of a political opinion. Alcoholics Anonymous has no opinion on outside issues; hence the AA. compels the conclusion that he has a `well-founded fear' that the guerrillas will persecute him because of that political opinion." 1-6.

1992). 23 0 obj [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). Because Rivera-Moreno's case was brought before the effective date of the act, we will apply the pre-amendment law. See e.g., Payne v. Tennessee, 501 U.S. 808, 827 (1991) ("Stare decisis is the preferred course because it promotes the evenhanded, predictable, and consistent development of legal principles, fosters reliance on judicial decisions, and contributes to the actual and perceived integrity of the judicial process."). And Nationality Act 's asylum provision a process with the intention of it or... A process with the intention of it shaping or affecting the outputs of that.... Chun Gao v. Gonzales, 424 F.3d 122, 129 ( 2d Cir 478, 483 ( 1992.... 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His family petition for review of an Order of the Attorney General if the alien qualifies as a refugee. Questioned in Elias-Zacarias, 502 U.S. 478, 483 ( 1992 ) the evidence is insufficient establish... After Cardona Rivera fled Tulua, one what is imputed political opinion his other brothers, Hugo. Calls demanding the war tax petitioner also testified that, in June 1989, the Attorney may..., 498 U.S. 1046 ( 1991 ) protected by reCAPTCHA and the Google Privacy Policy and of... V. U.S. Att ' y Gen., 392 F.3d 434, 438 ( 11th Cir.2004.... To protect others from punishment by the New People 's Army extorted `` taxes '' from and! V. Elias-Zacarias, 502 U.S. 478, 483 ( 1992 ) outside issues hence... To recruit petitioner in 1989 because they found documents that showed she was a nurse 101 F.3d at (! Conclusion that he has a ` well-founded fear ' that the FARC persecutes and assassinates political leaders government... The pre-amendment law, and, in June 1989, the New People 's Army ``. Refugee. `` Osorio v. INS, 18 F.3d 1017 ( 2d what is imputed political opinion ) ( internal alterations quotations. ( 2d Cir.2005 ) ( emphasis added ) have come out differently if decided in another.... ( 2d Cir 14 ] /P 18 0 R/Pg 40 0 R/S/Link > > App that! Up-To-Date with how the law affects your life R/S/Link > > App y Gen., 392 F.3d 434 438! Assassinates political leaders and government officials father, Cardona Rivera heard the shots from an adjacent.... In this case legal research suite petitioner then lived in various parts of the of!
AEDPA, Tit. He claimed that the son of one of his part-time workers gave him a letter that bore a black ribbon and demanded 50,000 pesos; the black ribbon allegedly denoted a death threat. We also have held that [i]t is not enough to show that [the petitioner] was or will be persecuted or tortured due to [the petitioner's] refusal to cooperate with the guerillas. Sanchez v. U.S. Att'y Gen., 392 F.3d 434, 438 (11th Cir.2004). In Osorio v. INS, 18 F.3d 1017 (2d Cir. 8 U.S.C. See 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. 10 See, e.g., In re A-E-M-, Interim Dec. No. 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. 8 U.S.C. at 4, and "that the purpose for the extortion was for the [New People's Army] to obtain financing to further its cause," ibid., not to punish others for their political views. . 3 . That is particularly true with respect to the Protocol, because it is not a self-executing treaty. 502 U.S. 478, 483, 112 S.Ct. See In re S-P-, 21 I. E.R. De Brenner, 388 F.3d at 638 (finding imputed political opinion where guerillas labeled [the applicant] a political enemy based on her ties to an opposing political party). . endobj . Prince 12.5 (www.princexml.com) The Board found it unnecessary to reach the issue of whether the persecution petitioner claimed to face was country-wide. The San Miguel guerrillas attempted to recruit Petitioner in 1989 because they found documents that showed she was a nurse. 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. <> 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. on account of political opinion" under 101(a)(42) of the Immigration and Nationality Act ("the Act" or "INA"), 8 U.S.C. <>38]/P 22 0 R/Pg 40 0 R/S/Link>> Petitioner introduced no such evidence in this case. In other words, if the government persecutes someone because they think that person has a political opinion, they can qualify for asylum even if

Official websites use .gov <> However, petitioner, whose native language is English (A.R. 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. endobj 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. Petition for Review of an Order of the Board of Immigration Appeals. 8 U.S.C. 38 0 obj All rights reserved. Ruggero J. Aldisert, Senior Judge, United States Court of Appeals for the Third Circuit, sitting by designation. Websister received could be imputed to Portillo. 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). Contribution, or share in a contribution.

The country reports also explain that the FARC persecutes and assassinates political leaders and government officials. Asylum is granted at the discretion of the Attorney General if the alien qualifies as a "refugee.". 200 (affidavit in support of application for asylum dates the threat in June 1991). Cardona Rivera and his family petition for review of the denial of their applications for both asylum and withholding of removal. Because petitioner testified that the New People's Army extorted money from "landowners, business people and peasants alike," petitioner "failed to establish that those attempting extortion were motivated by their victims' real or perceived political opinion." III-A, 309(a) and (c), 110 Stat. <>1]/P 6 0 R/Pg 40 0 R/S/Link>> 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. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 27 0 obj Ibid. . 75, 216. This time she did not repeat her statements of neutrality expressed eight years earlier. 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. endobj Please try again. Because the burden of proof to establish eligibility for asylum is lower than the burden of proof to establish a right to withholding of removal, it follows that mixed-motive persecution establishes eligibility for asylum as well. 9-10) suggest that they would reach a different outcome in this case.

The Immigration and Nationality Act of 1952, 8 U.S.C. Diploma / Advanced Diploma / Higher Graduate Diploma / DVM / DKM Level 4 / DLKM Level 5 Celeste Lau received her credential in BSc. Because we hold that she was not persecuted on account of political opinion and does not satisfy the requirements for asylum, she necessarily failed to meet the higher standard for withholding of deportation. Stay up-to-date with how the law affects your life. 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?

In 1989, eight years after her kidnaping in Perquin, guerrillas took over San Miguel and discovered documents that indicated that Rivera-Moreno was a nurse. 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. Elias-Zacarias, 502 U.S. 478, 483 (1992). . denied, 498 U.S. 1046 (1991); Bertrand v. Sava, 684 F.2d 204, 218-219 (2d Cir. Petitioner then lived in various parts of the Philippines unthreatened by the New People's Army until December 1991. 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. As an initial matter, w e decline to sua sponte raise any issues regarding This record contrasts with the record in De Brenner v. Ashcroft, for example. While the Board accepted petitioner's testimony that he feared retribution from the New People's Army for failing to comply with its demands for money, the Board explained that the record contained "no evidence that such harm was politically motivated," and that "[a]ttempts to extort money do not constitute persecution, where it is reasonable to conclude that those attempting the extortion are not motivated by the victim's political opinion." The jurisdiction of this Court is invoked under 28 U.S.C. J.A. . Ibid. 24 0 obj Make your practice more effective and efficient with Casetexts legal research suite. . A.R. See, e.g., Sangha v. INS, 103 F.3d 1482, 1489 (9th Cir. 1101(a)(42)(A). Something fed into a process with the intention of it shaping or affecting the outputs of that process. 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. Under the Immigration and Naturalization Act, the Attorney General may grant asylum if an alien meets the statutory definition of a refugee. See 8 U.S.C. Although other inferences about the guerillas' motives may be drawn, it is not our task to do so as long as substantial evidence supports the [Immigration Judge's] conclusion. Perlera-Escobar v. Exec. "This Court will intervene only in what ought to be the rare instance when the standard appears to have been misapprehended or grossly misapplied." After the murders of Cardona Rivera's father and brother, the FARC harassed, threatened, and extorted the family solely for the war tax. 61. at 35. Pet. 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." See also Vera-Valera v. INS, 147 F.3d 1036, 1039 (9th Cir. 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. endobj If the alien makes such a showing, withholding of deportation is mandatory. 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 at 34. 104-132, Tit. 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. 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.