Jhonny A. Huaman-Cornelio v. Bd. of Immigr. Appeals, 979 F.2d 995 (4th Cir. 1992). · Go Syfert
Jhonny A. Huaman-Cornelio v. Bd. of Immigr. Appeals, 979 F.2d 995 (4th Cir. 1992). Cases Citing This Book View Copy Cite
Quick Summary

To establish a well-founded fear of persecution, an applicant must demonstrate subjective fear and provide specific, concrete facts that support an objective finding of persecution.

A petitioner seeking asylum from Peru challenged the Board of Immigration Appeals' reversal of an immigration judge's finding of eligibility. The petitioner claimed a well-founded fear of persecution by a political organization and the Peruvian government due to his past political affiliations. The court held that to establish a well-founded fear, an applicant must demonstrate a subjective fear and provide specific, concrete facts to support an objective finding of persecution. Because the petitioner failed to provide evidence that the political group believed him to be a traitor or that the government intended to persecute him, the court affirmed the denial of asylum and withholding of deportation.

487 citation events (143 in the last 25 years) across 12 distinct courts.
Strongest positive: Noel Canales-Rivera v. William Barr (ca4, 2020-01-27)
Treatment trajectory · 1993 → 2026 · click a year to view as-of
1993 2009 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Noel Canales-Rivera v. William Barr (2×) also: Cited "see"
4th Cir. · 2020 · quote attribution · 1 verbatim quote · confidence high
the bia, not the ij, wields ultimate authority over asylum decisions, subject only to the specific intervention of the attorney general.
examined Cited as authority (verbatim quote) Zoarab v. Mukasey
6th Cir. · 2008 · quote attribution · 1 verbatim quote · confidence high
even aliens with a 'well-founded fear' of persecution supported by concrete facts are not eligible for asylum if those facts indicate only that the alien fears retribution over purely personal matters . . . .
examined Cited as authority (verbatim quote) Yang v. Carroll (4×) also: Cited as authority (rule), Cited "see", Cited "see, e.g."
E.D. Va. · 1994 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
even aliens with a well-founded fear of persecution supported by concrete facts are not eligible for asylum if those facts indicate only that the alien fears retribution over purely personal matters.
discussed Cited as authority (rule) Urias-Orellana v. Bondi
SCOTUS · 2026 · signal: cf. · confidence medium
Cf. Bartenwerfer v. Buckley, 598 U. S. 69 , 80 (2023) (“This Court generally as- sumes that, when Congress enacts statutes, it is aware of this Court’s relevant precedents” (internal quotation marks omitted)). —————— 5 See also Huaman-Cornelio v. BIA, 979 F. 2d 995, 999 (CA4 1992) (cit- ing Elias-Zacarias, 502 U. S., at 483–484); Chun v. INS, 40 F. 3d 76, 78 (CA5 1994) (per curiam) (same); Milosevic v. INS, 18 F. 3d 366, 370 (CA7 1994) (same); Yacoub v. INS, 999 F. 2d 1296, 1297 (CA8 1993) (per cu- riam) (same); Kazlauskas v. INS, 46 F. 3d 902, 905 (CA9 1995) (same).
cited Cited as authority (rule) Reyna Alfaro-Zelaya v. Pamela Bondi
4th Cir. · 2025 · confidence medium
Huaman-Cornelio v. BIA, 979 F.2d 995, 999 (4th Cir. 1992) (quotations omitted).
discussed Cited as authority (rule) Wilmer Martinez v. Pamela Bondi
4th Cir. · 2025 · confidence medium
An noncitizen “with a well-founded fear of persecution supported by concrete facts [is] not eligible for asylum if those facts indicate only that [he] fears retribution over purely personal matters.” Id. (first quoting Huaman-Cornelio v. Bd. of Immigration Appeals, 979 F.2d 995, 1000 (4th Cir. 1992); and then citing Jun Ying Wang v. Gonzales, 445 F.3d 993 , 998–99 (7th Cir. 2006) (stating “[t]his circuit and others, however, have repeatedly held that a personal dispute cannot give rise to a claim for asylum”; collecting cases)). “[E]very threat that references a family member is [n…
discussed Cited as authority (rule) Hernan Portillo-Flores v. Merrick Garland
4th Cir. · 2021 · confidence medium
Such a narrow standard of review “recognizes the respect we must accord both the BIA’s expertise in immigration matters and its status as the Attorney General’s designee in deportation decisions.” Huaman-Cornelio v. Bd. of Immigration Appeals, 979 F.2d 995, 999 (4th Cir. 1992).
cited Cited as authority (rule) Ingrid Nolasco-Figueroa v. Merrick Garland
4th Cir. · 2021 · confidence medium
In the context of removal proceedings, final orders come not from IJs but “from the BIA, the highest administrative tribunal.” Huaman-Cornelio v. B.I.A., 979 F.2d 995, 999 (4th Cir. 1992).
discussed Cited as authority (rule) Nancy Rodriguez-Contrera v. U.S. Attorney General
11th Cir. · 2020 · confidence medium
Applicants are not entitled to asylum because they fear the “general danger that inevitably accompanies political ferment and factional strife.” Mazariegos v. U.S. Att’y Gen., 241 F.3d 1320, 1328 (11th Cir. 2001) (quoting Huaman-Cornelio v. Board of Immigration Appeals, 979 F.2d 995, 1000 (4th Cir. 1992)).
discussed Cited as authority (rule) Hernan Flores v. William Barr
4th Cir. · 2020 · confidence medium
Such a narrow standard of review “recognizes the respect we must accord both the BIA’s expertise in immigration matters and its status as the Attorney General’s designee in deportation decisions.” Huaman-Cornelio v. Bd. of Immigration Appeals, 979 F.2d 995, 999 (4th Cir. 1992).
discussed Cited as authority (rule) Miguel Diaz Ruiz v. William Barr
4th Cir. · 2020 · confidence medium
See Velasquez v. Sessions, 2 866 F.3d 188, 194 (4th Cir. 2017) (“Aliens with a well-founded fear of persecution supported by concrete facts are not eligible for asylum if those facts indicate only that the alien fears retribution over purely personal matters.” (alterations and internal quotation marks omitted)); Huaman-Cornelio v. BIA, 979 F.2d 995, 1000 (4th Cir. 1992) (same).
discussed Cited as authority (rule) Guadalupe Diaz-Velasquez v. William Barr
4th Cir. · 2019 · confidence medium
Our role in these cases is “most narrow, exceedingly deferential, and ‘recognizes the respect we must accord both the BIA’s expertise in immigration matters and its status as the Attorney General’s designee in deportation decisions.’” Menghesha v. Gonzales, 450 F.3d 142, 152 (4th Cir. 2006) (Williams, J., dissenting) (quoting Huaman-Cornelio v. BIA, 979 F.2d 995, 999 (4th Cir. 1992)).
discussed Cited as authority (rule) Manuel Hernandez-Aquino v. William Barr
4th Cir. · 2019 · confidence medium
See Velasquez v. Sessions, 866 F.3d 188, 194 (4th Cir. 2017) (“Evidence consistent with acts of private violence or that merely shows that an individual has been the victim of criminal activity does not constitute evidence of persecution on a statutorily protected ground.” (alteration and internal quotation marks omitted)); Huaman-Cornelio v. Bd. of Immigration Appeals, 979 F.2d 995, 999-1000 (4th Cir. 1992) (concluding that alien cannot demonstrate nexus to a protected ground where “alien fears retribution over purely personal matters or general conditions of upheaval and unrest”).
examined Cited as authority (rule) Maria Velasquez v. Jefferson Sessions III (4×) also: Cited "see"
4th Cir. · 2017 · confidence medium
Velasquez contends both the IJ and the Board erred in characterizing her dispute as a personal one that it is not protected rather than one “on account of’ her membership in her nuclear family, which would be protected. “[A]liens with a well-founded fear of persecution supported by concrete facts are. not eligible for asylum if those facts indicate, only that the alien fears retribution over purely personal matters.... ” Huaman-Cornelio v. Bd. of Immigration Appeals, 979 F.2d 995, 1000 (4th Cir. 1992); accord Jun Ying Wang v. Gonzales, 445 F.3d 993, 998-99 (7th Cir. 2006) (stating “[…
discussed Cited as authority (rule) Rafael Tiscareno-Garcia v. Eric Holder, Jr.
4th Cir. · 2015 · confidence medium
Federal appellate courts are vested with jurisdiction to review “final order[s] of removal,” 8 U.S.C. § 1252 (a)(1), which “are entered only after all administrative remedies have been exhausted,” Huaman-Cornelio v. BIA 979 F.2d 995, 999 (4th Cir.1992); see 8 U.S.C. § 1252 (d)(1) (“A court may review a final order of removal only if ... the alien has exhausted all administrative remedies available to the alien as of right ... ”).
discussed Cited as authority (rule) Luis Diaz-Mejia v. Eric Holder, Jr.
4th Cir. · 2014 · confidence medium
Under the substantial evidence test, affirmance is mandated “if the evidence is not ‘so compelling that no reasonable factfinder could’ agree with the [Board]’s factual conclusions.” Gandziami-Mickhou, 445 F.3d at 354 (quoting Huaman-Cornelio v. Bd. of Im *731 migration Appeals, 979 F.2d 995, 999 (4th Cir.1992)).
discussed Cited as authority (rule) Julio Martinez v. Eric Holder, Jr. (2×) also: Cited "see"
4th Cir. · 2014 · confidence medium
See Camara, 378 F.3d at 366 ; Huaman-Cornelio, 979 F.2d at 999 (“As a court of appeals, we review only the findings and order of the BIA, not those of the IJ.
discussed Cited as authority (rule) Julio Martinez v. Eric Holder, Jr. (2×) also: Cited "see"
4th Cir. · 2014 · confidence medium
See Camara, 378 F.3d at 366 ; Huaman-Comelio, 979 F.2d at 999 ("As a court of appeals, we review only the findings and order of the BIA, not those of the IJ.
discussed Cited as authority (rule) Lalu Makbul v. Eric Holder, Jr.
4th Cir. · 2012 · confidence medium
Under the substantial evidence test, affirmance is mandated “if the evidence is not ‘so compelling that no reasonable factfinder could’ agree with the BIA’s factual conclusions.” Gandziami-Mickhou, 445 F.3d at 354 (quoting Huaman-Cornelio v. Bd. of Immigration Appeals, 979 F.2d 995, 999 (4th Cir.1992)).
discussed Cited as authority (rule) Ramos v. Holder
4th Cir. · 2011 · confidence medium
Second, as we are not the original fact finders, our review of the agency’s factual determinations is necessarily limited and we “must uphold the BIA’s decision if it is supported by substantial evidence from the record as a whole.” See Huaman-Cornelio v. BIA, 979 F.2d 995, 999 (4th Cir.1992) (citing INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992)).
cited Cited as authority (rule) Crespin-Valladares v. Holder
4th Cir. · 2011 · signal: cf. · confidence medium
Cf. Huaman-Cornelio v. BIA, 979 F.2d 995, 1000 (4th Cir.1992) (upholding rejection of asylum claim based on “general conditions of upheaval and unrest”).
discussed Cited as authority (rule) Jean Luc Shirley v. U.S. Attorney General
11th Cir. · 2010 · confidence medium
Shirley never sought protection from the Haitian authorities and, although he testified that his wife believed police officers were corrupt, the 2008 Country Report states that the Haitian National Police were working to “eliminate corruption within its ranks.” Shirley argues that he cannot relocate within Haiti because of ongoing “political anarchy,” but an alien is not entitled to asylum simply because he “ ‘fears the general danger that inevitably accompanies political ferment and factional strife.’ ” *88 Mazariegos v. Office of U.S. Att’y Gen., 241 F.3d 1320, 1328 (11th C…
discussed Cited as authority (rule) Dieng v. Mukasey
4th Cir. · 2008 · confidence medium
An applicant who seeks asylum based on a well-founded fear of future persecution “must show (1) that a reasonable person in the circumstances would fear persecution; and (2) that the fear has ‘some basis in the reality of the circumstances’ and is validated with ‘specific, concrete facts.’ ” Huaman-Cornelio v. BIA, 979 F.2d 995, 999 (4th Cir.1992) (quoting M.A. v. INS, 899 F.2d 304 , 311 (4th Cir. 1990) (en banc)).
discussed Cited as authority (rule) Zoarab v. Mukasey
6th Cir. · 2008 · confidence medium
Courts have routinely rejected asylum applications grounded in personal disputes because “without a firm footing in one of the five protected bases, asylum law offers no succor.” Marquez, 105 F.3d at 380-81 (concluding that a commercial dispute with a Philippine military officer was “apolitical”); see also Silva v. Ashcroft, 394 F.3d 1, 6 (1st Cir.2005) (rejecting an asylum claim based on the applicant’s whistle-blowing against a corrupt employer as “essentially a personal dispute”); Marku v. Ashcroft, 380 F.3d 982, 986 (6th Cir.2004) (“Evidence must be presented which suggests…
discussed Cited as authority (rule) Li Fang Lin v. Mukasey (2×)
4th Cir. · 2008 · confidence medium
Huaman-Cornelio v. B.I.A., 979 F.2d 995, 999 (4th Cir.1992).
discussed Cited as authority (rule) Abdel-Rahman v. Gonzales
4th Cir. · 2007 · confidence medium
Such an applicant may establish a well-founded fear of future persecution by demonstrating “(1) that a reasonable person in the circumstances would fear persecution; and (2) that the fear has some basis in the reality of the circumstances and is validated with specific, concrete facts.” Huaman-Cornelio v. BIA 979 F.2d 995, 999 (4th Cir.1992) (citations and internal quotation marks omitted).
discussed Cited as authority (rule) Abdel-Rahman v. Gonzales
4th Cir. · 2007 · confidence medium
Such an applicant may establish a well-founded fear of future persecution by demonstrating "(1) that a reasonable per- 9 Although neither the INA nor the pertinent regulations define "perse- cution," we have characterized it as involving "the infliction or threat of death, torture, or injury to one’s person or freedom, on account of one of the enumerated grounds in the refugee definition." Li v. Gonzales, 405 F.3d 171, 177 (4th Cir. 2005) (citations and internal quotation marks omitted). 8 ABDEL-RAHMAN v. GONZALES son in the circumstances would fear persecution; and (2) that the fear has som…
discussed Cited as authority (rule) Myrna Coromoto Olivo De Aviles v. U.S. Atty. Gen.
11th Cir. · 2006 · confidence medium
As we previously have held, the INA “does not extend eligibility to asylum to anyone who fears the general danger that inevitably accompanies political ferment and strife.” Mazariegos, 241 F.3d at 1328 (quoting Huaman-Cornelio v. BIA, 979 F.2d 995, 1000 (4th Cir.1992)).
discussed Cited as authority (rule) Hartono v. Gonzales (2×)
4th Cir. · 2006 · confidence medium
Huaman-Comelio v. Board of Immigration Appeals, 979 F.2d 995, 999 (4th Cir.1992).
discussed Cited as authority (rule) Akhu v. Gonzales
4th Cir. · 2006 · confidence medium
This court will reverse the Board “only if ‘the evidence presented by the petitioner was so compelling that no reasonable factfinder could fail to find the requisite fear of persecution.’ ” Rusu v. INS, 296 F.3d 316 , 325 n. 14 (4th Cir.2002) (quoting Huaman-Cornelio v. Board of Immigration Appeals, 979 F.2d 995, 999 (4th Cir.1992) (internal quotation marks omitted)).
discussed Cited as authority (rule) Jing Yun Li v. Gonzales (2×)
4th Cir. · 2006 · confidence medium
Huama n-Cornelio v. Bd. of Immigration Appeals, 979 F.2d 995, 999 (4th Cir.1992).
discussed Cited as authority (rule) Simmon Y. Menghesha v. Alberto R. Gonzales, Attorney General (2×)
4th Cir. · 2006 · confidence medium
Maritime Comm'n, 383 U.S. 607, 620 , 86 S.Ct. 1018 , 16 L.Ed.2d 131 (1966); Gonahasa v. INS, 181 F.3d 538, 541 (4th Cir. 1999). 30 Thus, our review is most narrow, exceedingly deferential, and "recognizes the respect we must accord both the BIA's expertise in immigration matters and its status as the Attorney General's designee in deportation decisions." Huaman-Cornelio v. BIA, 979 F.2d 995, 999 (4th Cir.1992).
discussed Cited as authority (rule) Menghesha v. Gonzales
4th Cir. · 2006 · confidence medium
Thus, our review is most narrow, exceedingly deferential, and "rec- ognizes the respect we must accord both the BIA’s expertise in immi- gration matters and its status as the Attorney General’s designee in deportation decisions." Huaman-Cornelio v. BIA, 979 F.2d 995, 999 (4th Cir. 1992).
discussed Cited as authority (rule) Yadama-Gbebry v. Gonzales
4th Cir. · 2006 · confidence medium
This court will reverse the Board “only if ‘the evidence presented by the petitioner was so compelling that no reasonable factfinder could fail to find the requisite fear of persecution.’ ” Rusu v. INS, 296 F.3d 316 , 325 n. 14 (4th Cir.2002) (quoting Huaman-Cornelio v. BIA, 979 F.2d 995 at 999 (4th Cir.1992) (internal quotation marks omitted)).
discussed Cited as authority (rule) Menghesha v. Gonzales
4th Cir. · 2006 · confidence medium
Thus, our review is most narrow, exceedingly deferential, and “recognizes the respect we must accord both the BIA’s expertise in immigration matters and its status as the Attorney General’s designee in deportation decisions.” Huaman-Cornelio v. BIA, 979 F.2d 995, 999 (4th Cir.1992).
discussed Cited as authority (rule) Ngalla v. Gonzales
4th Cir. · 2006 · confidence medium
We will reverse the Board “only if ‘the evidence presented was so compelling that no reasonable factfinder could fail to find the requisite fear of persecution.’ ” Rusu v. INS, 296 F.3d 316 , 325 n. 14 (4th Cir.2002) (quoting Huaman-Cornelio v. Board of Immigration Appeals, 979 F.2d 995, 999 (4th Cir.1992) (internal quotation marks omitted)).
discussed Cited as authority (rule) Essim v. Gonzales
4th Cir. · 2006 · confidence medium
We will reverse the Board “only if ‘the evidence presented was so compelling that no reasonable fact-finder could fail to find the requisite fear of persecution.’ ” Rusu v. INS, 296 F.3d 316 , 325 n. 14 (4th Cir.2002) (quoting Huamanr-Cornelio v. Board of Immigration Appeals, 979 F.2d 995, 999 (4th Cir.1992)).
discussed Cited as authority (rule) Mbecha v. Gonzales (2×)
4th Cir. · 2005 · confidence medium
Huam an-Cornelio v. Bd. of Immigration Appeals, 979 F.2d 995, 999 (4th Cir.1992).
discussed Cited as authority (rule) Soumah v. Gonzales (2×)
4th Cir. · 2005 · confidence medium
Huam an-Cornelio v. Bd. of Immigration Appeals, 979 F.2d 995, 999 (4th Cir.1992).
cited Cited as authority (rule) Tazi v. Gonzales
4th Cir. · 2005 · confidence medium
Rusu v. INS, 296 F.3d 316 , 325 n. 14 (4th Cir.2002) (quoting Huaman-Cornelio v. Board of Immigration Appeals, 979 F.2d 995, 999 (4th Cir.1992) (internal quotation marks omitted)).
discussed Cited as authority (rule) Naser v. Gonzales
4th Cir. · 2005 · confidence medium
We will only reverse “if ‘the evidence presented was so compelling that no reasonable factfinder could fail to find the requisite fear of persecution.’ ” Rusu v. INS, 296 F.3d 316 , 325 n. 14 (4th Cir.2002) (quoting Huaman-Cornelio v. Board of Immigration Appeals, 979 F.2d 995, 999 (4th Cir.1992) (internal quotation marks omitted)).
discussed Cited as authority (rule) Bako v. Gonzales
4th Cir. · 2005 · confidence medium
We will reverse the Board’s asylum ruling “only if ‘the evidence presented was so compelling that no reasonable factfinder could fail to find the requisite fear of persecution.’ ” Rusu v. INS, 296 F.3d 316 , 325 n. 14 (4th Cir.2002) (quoting Huaman-Cornelio v. Bd. of Immigration Appeals, 979 F.2d 995, 999 (4th Cir.1992) (internal quotation marks omitted)).
discussed Cited as authority (rule) Patel v. Gonzales
4th Cir. · 2005 · confidence medium
We will reverse only “if ‘the evidence presented by the petitioner was so compelling that no reasonable fact finder could fail to find the requisite fear of persecution.’ ” Rusu v. INS, 296 F.3d 316 , 325 n. 14 (4th Cir.2002) (quoting Huaman-Cornelio v. Board of Immigration Appeals, 979 F.2d 995, 999 (4th Cir.l992)(internal quotation marks omitted)).
discussed Cited as authority (rule) Ngah v. Gonzales
4th Cir. · 2005 · confidence medium
To obtain reversal of a determination denying eligibility for relief, an alien must show that “the evidence presented was so compelling that no reasonable fact-finder could fail to find the requisite fear of persecution.” Rusu v. INS, 296 F.3d 316 , 325 n. 14 (4th Cir.2002) (quoting Huaman-Comelio v. Bd. of Immigration Appeals, 979 F.2d 995, 999 (4th Cir.1992) (internal quotation marks omitted)).
discussed Cited as authority (rule) Qiao Hua Li v. Alberto R. Gonzales, Attorney General (2×)
4th Cir. · 2005 · confidence medium
The subjective “fear [must have] some basis in the reality of the circumstances and [be] validated with specific, concrete facts,” Huaman-Cornelio v. BIA, 979 F.2d 995, 999 (4th Cir.1992) (internal quotation marks omitted), and it cannot be “mere irrational apprehension,” M.A. v. INS, 899 F.2d 304 , 311 (4th Cir.1990) (internal quotation marks omitted).
discussed Cited as authority (rule) Li v. Gonzales
4th Cir. · 2005 · confidence medium
The subjective "fear [must have] some basis in the reality of the circumstances and [be] validated with specific, concrete facts," Huaman-Cornelio v. BIA, 979 F.2d 995, 999 (4th Cir. 1992) (internal quotation marks omitted), and it cannot be "mere irrational apprehension," M.A. v. INS, 899 F.2d 304 , 311 (4th Cir. 1990) (internal quotation marks omitted).
examined Cited as authority (rule) Apolinar Perafan Saldarriaga Luz Velasquez Carmona Adrianna Menesses Velasquez Mauricio Perafan Velasquez v. Alberto R. Gonzales, Attorney General (3×) also: Cited "see"
4th Cir. · 2005 · confidence medium
Circuit courts hear appeals from the BIA’s final orders of removal. 2 See 8 U.S.C. § 1252 (a)(1), (b)(2) (2000); Huaman-Cornelio v. BIA, 979 F.2d 995, 999 (4th Cir.1992).
examined Cited as authority (rule) Saldarriaga v. Gonzales (3×) also: Cited "see"
4th Cir. · 2005 · confidence medium
Circuit courts hear appeals from the BIA’s final orders of removal.2 See 8 U.S.C. § 1252 (a)(1), (b)(2) (2000); Huaman-Cornelio v. BIA, 979 F.2d 995, 999 (4th Cir. 1992).
discussed Cited as authority (rule) Adoye v. Gonzales
4th Cir. · 2005 · confidence medium
We will reverse only “if ‘the evidence presented was so compelling that no reasonable factfinder could fail to find the requisite fear of persecution.’ ” Rusu v. INS, 296 F.3d 316 , 325 n. 14 (4th Cir.2002) (quoting Huaman-Cornelio v. BIA 979 F.2d 995, 999 (4th Cir.1992) (internal quotation marks omitted)).
discussed Cited as authority (rule) Mekonin v. Ashcroft
4th Cir. · 2005 · confidence medium
We will reverse only “if ‘the evidence presented was so compelling that no reasonable factfinder could fail to find the requisite fear of persecution.’ ” Rusu v. INS, 296 F.3d 316 , 325 n. 14 (4th Cir.2002) (quoting Huaman-Cornelio v. BIA, 979 F.2d 995, 999 (4th Cir.1992) (internal quotation marks omitted)).
Retrieving the full opinion text from the archive…
Jhonny A. HUAMAN-CORNELIO, Petitioner,
v.
BOARD OF IMMIGRATION APPEALS, Respondent
92-1201.
Court of Appeals for the Fourth Circuit.
Nov 19, 1992.
979 F.2d 995
1992 U.S. App. LEXIS 30492
1992 WL 336927
Rex B. Wingerter, Washington, D.C., for petitioner., Norah Ascoli Schwarz, U.S. Dept, of Justice, Washington, D.C., (Stuart M. Gerson, Atty. Gen., David J. Kline, Asst. Director, Office of Immigration Litigation, Charles E. Hamilton, III, Office of Immigration Litigation, Civil Div., U.S. Dept, of Justice, Washington, D.C., on brief), for respondent.
Wilkinson, Niemeyer, Luttig.
Cited by 243 opinions  |  Published

OPINION

WILKINSON, Circuit Judge:

Petitioner in this case contests the denial of his application for asylum by the Board of Immigration Appeals (“BIA”). The immigration judge (“U”) had ruled in petitioner’s favor on the asylum claim, and petitioner contends chiefly that subsequent panels of review must'pay that initial ruling substantial deference. We think, however, that petitioner would accord more weight to the IJ’s finding than the law compels or even allows. Applying the proper standard of review to petitioner’s claims, we affirm the BIA’s decision that he was statutorily ineligible for asylum.

I.

Petitioner Jhonny Huaman-Cornelio (“Huaman”) is a citizen of Peru. In 1987, Border Patrol agents twice caught him entering the United States illegally from Mexico. The first time, Huaman convinced the agents he was Mexican, and they allowed him to return to Mexico. The second time, he filed a request for asylum and withholding of deportation.

While in Peru, petitioner was an engineering student and a member of an underground political opposition party, the Movi-miento Revolucionario Tupac Amaru (“MRTA”), from 1983 to 1987. According to Huaman, MRTA functioned primarily as a nonviolent, propaganda-spreading organization during the early years of his involvement. ' MRTA did, however, extort money, food, and goods from stores and factories for. distribution to the poor. It also organized strikes and demonstrations.

From 1983 to 1985, petitioner gained influence in MRTA. He became privy to confidential MRTA membership lists and secret meeting places around Péru’s National University of Engineering (the “University”). As an MRTA leader, Huaman received false identification papers that made it more difficult to link him with MRTA. In 1984, Peruvian police arrested him at a demonstration, but later released him. While in custody, Huaman showed the authorities only his false identification papers, and the government did not discover his true identity or his connection with MRTA.

In 1985 and early 1986, MRTA came under the influence of Shining Path, a Maoist, terrorist group well-known for its violent tendencies. As MRTA’s tactics turned toward bombing buildings and killing people, Huaman claimed his personal ideology would not let him participate in violence that destroyed the people he sought to help. Although afraid to abandon the Shining Path organization outright, he claimed that he moved gradually to the periphery of the organization and refrained from participating in violent acts.

As part of a series of crackdowns against Shining Path, Peruvian police surrounded the University in September of 1986. Authorities arrested several MRTA leaders, exposed secret meeting places, and confiscated hidden propaganda and explosives. Huaman avoided arrest. In the aftermath of the raid, the remaining MRTA[*998] leadership began to suspect the presence of a traitor, someone who was privy to names of leaders and locations of secret meeting and hiding places. Huaman was questioned about being the traitor, but he denied the charge.

After this denial, petitioner remained on the fringes of the organization. He believed, however, that some MRTA members continued to suspect him as a traitor because he had not enthusiastically embraced the tactics of Shining. Path. For about two months, Huaman felt he was picked on, and he got into a series of fistfights with MRTA members. In late 1986 or early 1987, he left the University.

In February of 1987, Peruvian authorities again raided the University as part of a larger operation against Shining Path. Petitioner thought he might again be suspected of being a traitorous informer, so he left Peru three days after the February raid. He exited the country with a passport issued to him in his correct name by the Peruvian government just five months before his departure. Less than a month later, Huaman made his illegal entries into the United States.

Petitioner had a hearing before an immigration judge in early 1988. The IJ considered Huaman’s testimony at the hearing to be credible. The IJ concluded that “a reasonable person in [Huaman’s] circumstances would fear persecution from the MRTA,” as well as “persecution by the authorities in Peru,” and therefore found the petitioner eligible for asylum. The IJ also concluded that Huaman had met the higher standard for withholding of deportation because it was “more likely than not that [he] would be persecuted by MRTA for his political opposition to that organization,” but that Huaman had not met the higher standard of proving a probability of persecution by the Peruvian government.

The Immigration & Naturalization Service appealed to the- BIA, and the BIA reversed the IJ. The BIA concluded that Huaman had not established a basis for a well-founded fear of persecution by either MRTA or the Peruvian government because he had not presented evidence that MRTA leadership actually believed him to be a traitor or that the Peruvian government was even aware of his affiliation with MRTA. The BIA also held that, having failed to meet the burden for asylum, petitioner necessarily could not meet the higher burden for withholding of deportation.

Huaman now appeals the BIA’s decision.

II.

Huaman’s first set of arguments relates to the appropriate standard of review for appeals of deportation orders. First, Huaman argues that the BIA erred in reviewing the decision of the immigration judge de novo, when it was required to defer to the IJ’s findings unless those findings were not supported by substantial evidence. Second, Huaman urges that, when confronted with contrary findings by the BIA and IJ on asylum eligibility, this court should defer to the IJ as the first-instance factfinder. We reject both arguments because they misconstrue the BIA’s, and our own, role in deportation proceedings.

Huaman argues that the BIA should not review IJ asylum decisions de novo because the IJ is in the best position to assess the witness credibility which lies at the heart of all applications for asylum. This argument, however, ignores the specific administrative procedure established for asylum cases. The procedure calls for the BIA to review IJ decisions on appeal, and it does not limit the scope of this review in any way. See 8 C.F.R. §§ 3.1(b)(2), 208.18(c), and 242.21. The BIA, not the IJ, wields ultimate authority over asylum decisions, subject only to the specific intervention of the Attorney General. 8 C.F.R. § 3.1(h). The BIA clearly has the power to' review an IJ’s findings de novo, to make its own findings even as to matters of credibility, and to assess the legal sufficiency of the evidence. Ghassan v. INS, 972 F.2d 631, 635 (5th Cir.1992); Martinez v. INS, 970 F.2d 973, 974 (1st Cir.1992); Charlesworth v. INS, 966 F.2d 1323, 1325 (9th Cir.1992); Damaize-Job v. INS, 787 F.2d 1332, 1338 (9th Cir.1986). Of course, there may be good reasons in a given case for the BIA to[*999] credit the IJ’s determinations, but there is no requirement that it do so.

This case demonstrates why the BIA should have de novo review authority in asylum cases. Determinations of whether an individual has a “well-founded fear of persecution” involve not only a subjective inquiry into what fear the individual feels but also an objective assessment of the specific facts on which that fear is based. In this case, Huaman’s personal testimony obviously persuaded the IJ of Huaman’s feeling of fear. What petitioner’s case lacked, however, was real proof of any objective facts. Appropriate de novo review by a body like the BIA serves to assure that the statutory requirement that any fear of persecution be “well founded” will be rigorously applied.

Huaman next urges this court to take heightened notice of the IJ’s ruling on the asylum issue and defer to the IJ when the decisions of the IJ and the BIA conflict. This argument ignores what we believe to be the appropriate standard of judicial review in deportation proceedings.

As a court of appeals, we review only the findings and order of the BIA, not those of the IJ. Section 106(a) of the Immigration and Nationality Act vests us only with the jurisdiction to review “final orders of deportation.’’ 8 U.S.C. § 1105a(a).' Final orders are entered only after all administrative remedies have been exhausted; thus final orders in deportation proceedings come from the BIA, the highest administrative tribunal. Other circuits have reached the same conclusion. See, e.g., Elnager v. INS, 930 F.2d 784, 787 (9th Cir.1991); Castillo-Rodriguez v. INS, 929 F.2d 181, 183 (5th Cir.1991).

Further, the scope of our review of BIA decisions is narrow, not broad. The Supreme Court has stated that we must uphold the BIA’s decision if it is supported by substantial evidence from the record as a whole. INS v. Elias-Zacarias, —— U.S. -, -, 112 S.Ct. 812, 815, 117 L.Ed.2d 38 (1992). In other words, we can reverse the BIA only if the evidence presented by the petitioner “was so compelling that no reasonable .factfinder could fail to find the requisite fear of persecution.” Id., — U.S. at -, 112 S.Ct. at 817. This narrow standard of review recognizes the respect we must accord both the BIA’s expertise in immigration matters and its status as the Attorney General’s designee in deportation decisions. See 8 C.F.R. § 3.1(d)(1). We decline to vary the standard of review for the not uncommon situation of this case— when the BIA decides to overturn an IJ’s ruling.

III.

We move next to Huaman’s substantive claims. Petitioner argues that the BIA applied the wrong standard for determining asylum eligibility, and that he met the correct standard. We reject both contentions. The BIA applied the correct standard for determining asylum eligibility, and substantial evidence supports the BIA’s denial of eligibility for Huaman.

To be eligible for asylum, an alien must meet the definition of “refugee” under the Refugee Act of 1980 (the “Act”). Under the Act, a refugee is any person who is unable to return to his or her country because of “persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion....” 8 U.S.C. § 1101(a)(42)(A).

The standard for proving a “well-founded fear of persecution” is the “reasonable person test.” M.A. v. INS, 899 F.2d 304, 311 (4th Cir.1990) (en banc). An individual seeking asylum under this standard must show (1) that a reasonable person in the circumstances would fear persecution; and (2) that the fear has “some basis in the reality of the circumstances” and is validated with “specific, concrete facts.” Id. (citations omitted). As mentioned above, this test has both subjective and objective elements — a subjective inquiry into what the applicant for asylum fears and an objective finding of facts on which to base that fear.

Additionally, petitioner has to show that his fear of persecution stems directly[*1000] from one of the five categories of persecution listed in the Act. Even aliens with a “well-founded fear” of persecution supported by concrete facts are not eligible for asylum if those facts indicate only that the alien fears retribution over purely personal matters or general conditions of upheaval and unrest. See Matter of Maldonado-Cruz, 19 I. & N.Dec. 509, 512 (BIA 1988), rev’d on other grounds, 883 F.2d 788 (9th Cir.1989).

In petitioner’s case, the BIA properly applied the above standards. Here petitioner relies too much on his own subjective fear. Huaman’s testimony focuses on what MRTA might possibly do to him five years after he emphatically denied being a traitor, and what the Peruvian government might possibly do because of some alleged connection with Shining Path. Such hypotheses may give rise to fear on petitioner's part. They do not, however, establish asylum eligibility under the Act, absent some concrete facts that MRTA leadership actually believes Huaman is a traitor or that Peruvian authorities might actually move to persecute him.

As to the claim of persecution by the Peruvian government, there is no indication, much less concrete proof, that Peruvian authorities are concerned about any past associations between Huaman and MRTA. In fact, it is not even clear that Peruvian security much cares who petitioner is. If the Peruvian government had suspected Huaman to be a revolutionary terrorist, it would neither have issued him a passport five months before he left the country, nor allowed him to leave the country only three days after a massive crackdown against Shining Path. This evidence supports a finding that the petitioner has not shown a well-founded fear of persecution by his government.

As to the claim of persecution by MRTA and Shining Path, the record also indicates that Huaman did not meet his burden of proof. Petitioner offers nothing beyond his own barebones statement that MRTA considers him a traitor to their cause in 1992. He gives no concrete facts as to how his situation in Peru in 1992 would be any different than it was from 1986 to early 1987. In that period, Huaman denied being the traitor, remained on the periphery of the MRTA organization, and was not persecuted politically by MRTA leadership.

During that period, Huaman does claim to have been picked on and to have gotten into fights with MRTA members. Frequently, petitioner would fight with more than one of his former colleagues at a time and he would be beaten up. These episodes, however, are not proof of the kind of intentional persecution required by the Act. Petitioner offers no indication that MRTA leadership directed the beatings, much less that the beatings were to persecute him for one of the five listed reasons. Absent more specific facts of intentional persecution in the record, the beatings could credibly be viewed by BIA as random fistfights into which Huaman was goaded because of personal animosities or policy disputes with some rank-and-file MRTA members. Violence of this sort is an all too common byproduct of civil unrest. Such violence, however, is not specific persecution, and every possible victim of random misfortune is not a refugee as defined by the Act. The statute speaks of a well-founded fear of persecution for specific reasons. It does not extend eligibility for asylum to anyone who fears the general danger that inevitably accompanies political ferment and factional strife.

IV.

Petitioner is likewise ineligible for withholding of deportation. To qualify for withholding of deportation under § 243(h) of the Immigration and Nationality Act, an alien must prove a probability of persecution, a more stringent standard than a well-founded fear of persecution. 8 U.S.C. § 1253(h); see also INS v. Cardoza-Fonseca, 480 U.S. 421, 443-48, 107 S.Ct. 1207, 1219-21, 94 L.Ed.2d 434 (1987). The BIA’s determination that petitioner did not meet the asylum standard necessarily means that petitioner did not meet his burden on the more difficult withholding of deportation claim. See Castillo-Rodriguez, 929 F.2d at 185; see also Quintanilla-Ticas v. [*1001] INS, 783 F.2d 955, 956-57 (9th Cir.1986) (holding that the BIA need not assess evidence twice for the two standards).

For the foregoing reasons, the petition for review is hereby dismissed, and the judgment of the Board of Immigration Appeals is

AFFIRMED.