Luis Alberto Montoya-ulloa, Petitioner, v. Immigr. & Naturalization Serv., Respondent, 79 F.3d 930 (9th Cir. 1996). · Go Syfert
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Luis Alberto Montoya-ulloa, Petitioner, v. Immigr. & Naturalization Serv., Respondent, 79 F.3d 930 (9th Cir. 1996). Cases Citing This Book View Copy Cite
17 citation events (10 in the last 25 years) across 1 distinct court.
Strongest positive: Matepa v. Mukasey (ca9, 2008-06-18)
Top citers, strongest first. 12 distinct citers. How cited ↗
cited Cited as authority (rule) Matepa v. Mukasey
9th Cir. · 2008 · confidence medium
Montoya-Ulloa v. INS, 79 F.3d 930, 931 (9th Cir.1996); 8 U.S.C. § 1101 (a)(42)(A).
discussed Cited as authority (rule) Ghazaryan v. Gonzales
9th Cir. · 2006 · confidence medium
In particular, he was persecuted due to his membership in the NDU, see Montoya-Ulloa v. INS, 79 F.3d 930, 931 (9th Cir.1996), and his ongoing efforts to expose government corruption at senior levels, see Mamouzian, 390 F.3d at 1134 ; Grava v. INS, 205 F.3d 1177, 1181 (9th Cir.2000).
examined Cited as authority (rule) Smolniakova v. Gonzales (3×) also: Cited "see"
9th Cir. · 2005 · confidence medium
Moreover, as Smolniakova points out, the safety of her one family member remaining in Russia, her father, is not probative because he is not Jewish. 12540 SMOLNIAKOVA v. GONZALES 888 (9th Cir. 2001) (noting “even a ten percent chance of per- secution may establish a well-founded fear”).
discussed Cited as authority (rule) Zoghbi v. Gonzales
9th Cir. · 2005 · confidence medium
To demonstrate past persecution, a petitioner “must show that he was harmed on account of his race, religion, nationality, membership in particular social group, or political opinion.” Montoya-Ulloa v. INS, 79 F.3d 930, 931 (9th Cir.1996).
discussed Cited as authority (rule) Abaya v. Immigration & Naturalization Service
9th Cir. · 2001 · confidence medium
Montoyar-Ulloa v. INS, 79 F.3d 930, 932 (9th Cir.1996) (“[D]ue to the nature of the violence and threats directed at [the petitioner], i.e. his being placed on a ‘blacklist,’ we find that [he] has established a clear probability of persecutionf.]”).
discussed Cited as authority (rule) Vassil Nikolov Vassilev Tzvetanka Gantchev Vassilev Nikolay Vassilev Nikolov Ganka Vassilev Nikolov v. Immigration and Naturalization Service
9th Cir. · 1997 · confidence medium
Because "[i]t is not possible to characterize [the Bulgarian government's actions] as an inoffensive infliction of suffering or harm," Montoya-Ulloa v. INS, 79 F.3d 930, 931 (9th Cir.1996), Vassil established that he had suffered past persecution.
discussed Cited as authority (rule) Leonardo Jose Molina-Morena v. Immigration and Naturalization Service (2×) also: Cited "see"
9th Cir. · 1996 · confidence medium
Past Persecution 4 "An alien seeking asylum based on past persecution must show that he was harmed on account of his race, religion, nationality, membership in a particular social group, or political opinion." Montoya-Ulloa v. INS, 79 F.3d 930, 931 (9th Cir.1996); 8 U.S.C. § 1101 (a)(42)(A).
cited Cited as authority (rule) William Locadio Espinoza-Rivera v. Immigration and Naturalization Service
9th Cir. · 1996 · confidence medium
Id 2 But see Montoya-Ulloa v. INS, 79 F.3d 930, 931 (1996)
cited Cited "see" Singh v. Gonzales
9th Cir. · 2006 · signal: see · confidence high
See Montoya-Ulloa v. INS, 79 F.3d 930, 931 (9th Cir.1996) (holding that petitioner established persecution based on a political opinion where he was harassed and beaten).
discussed Cited "see" Galina Ivanovna Smolniakova v. Alberto R. Gonzales, Attorney General
9th Cir. · 2005 · signal: see · confidence high
See Montoya-Ulloa v. INS, 79 F.3d 930, 931 (9th Cir.1996) (holding that persecution for asylum purposes means “infliction of suffering or harm upon those who differ ... in a way regarded as offensive”).
discussed Cited "see" Carlos Flores-Yeffel v. Immigration and Naturalization Service (2×)
9th Cir. · 1996 · signal: see · confidence high
See Montoya-Ulloa v. INS, 79 F.3d 930 , 931 & n. 1 (9th Cir.1996) (finding that the Sandinista Youth was a group recognized and sponsored by the Sandinista government).
discussed Cited "see" Alberto Alexander Mora-Artola v. Immigration and Naturalization Service
9th Cir. · 1996 · signal: see · confidence high
See Montoya-Ulloa v. INS, 79 F.3d 930 (9th Cir.1996) (applicant who was blacklisted by Sandinistas established eligibility for asylum and was entitled to withholding of deportation). 9 Persecution has been defined as "a threat to the life or freedom of, or the infliction of suffering and harm upon, those who differ in a way regarded as offensive." Matter of Acosta, 19 I & N Dec. 211, 222 (BIA1985).
Retrieving the full opinion text from the archive…
96 Cal. Daily Op. Serv. 2003, 96 Daily Journal D.A.R. 3397 Luis Alberto Montoya-Ulloa
v.
Immigration and Naturalization Service
94-70535.
Court of Appeals for the Ninth Circuit.
Mar 26, 1996.
79 F.3d 930
Milton Dan Kramer, Kramer & Miyashita, San Francisco, California, for petitioner., Charles E. Pazar and Karen Ann Hunold, Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for respondent.
Goodwin, Pregerson.
Cited by 12 opinions  |  Published
GOODWIN, Circuit Judge:

Luis Alberto Montoya-Ulloa, a Nicaraguan national, appeals the decision of the Board of Immigration Appeals (“BIA”) affirming the denial of his application for asylum and withholding of deportation. Montoya argues, inter alia, that the evidence compels the eon-elusion that the Sandinistas persecuted him on account of his political opinion.

An alien seeking asylum based on past persecution must show that he was harmed on account of his race, religion, nationality, membership in a particular social group, or political opinion. See, e.g., Desir v. Ilchert, 840 F.2d 723, 727 (9th Cir.1988); 8 U.S.C. § 1101(a)(42)(A). We review the decision of the BIA for substantial evidence. See INS v. Elias-Zacarias, 502 U.S. 478, 112 S.Ct. 812, 117 L.Ed.2d 38 (1992). The substantial evidence standard “requires that the BIA’s conclusion, based on the evidence presented, be substantially reasonable.” De Valle v. INS, 901 F.2d 787, 790 (9th Cir.1990).

The record establishes that Montoya was harassed, threatened and beaten by the Sandinista Youth, a group that was recognized and sponsored by the Sandinista government, for his political opinion as expressed through his activities with the Independent Liberal Youth, a group openly opposed to the Sandinistas. [1] Although Montoya was the victim of violence on account of his political opinion, the immigration judge and the BIA concluded that he was not persecuted within the meaning of the Immigration and Nationality Act. This conclusion is not consistent with this Court’s prior interpretations of persecution. See, e.g., Sagermark v. INS, 767 F.2d 645, 649 (9th Cir.1985)(defining persecution as the “infliction of suffering or harm upon those who differ ... in a way regarded as offensive.”), cert. denied, 476 U.S. 1171, 106 S.Ct. 2895, 90 L.Ed.2d 982 (1986). It is not possible to characterize Montoya’s beating as an inoffensive infliction of suffering or harm. Therefore, we reverse the decision of the BIA and remand for further proceedings. The attorney general should determine in the exercise of discretion, whether to grant asylum to Montoya. 8 U.S.C. § 1158(a).

[*932] In addition, due to the nature of the violence and threats directed at Montoya, i.e. his being placed on a “blacklist”, we find that Montoya has established a clear probability of persecution on account of his political opinion. Therefore, Montoya is entitled to withholding of deportation. See INS v. Stevic, 467 U.S. 407, 429-430, 104 S.Ct. 2489, 2501, 81 L.Ed.2d 321 (1984).

REVERSED and REMANDED.

Petitioner is entitled to his costs on appeal.

1

. For the purpose of defining persecution under the Immigration and Nationality Act, there is no distinction between the direct actions of the government and the actions of a group that is recognized and sponsored by the government.