Carlos E. Reyes-Guerrero Graciela I. Jimenez De Reyes v. Immigr. & Naturalization Serv., 192 F.3d 1241 (9th Cir. 1999). · Go Syfert
Carlos E. Reyes-Guerrero Graciela I. Jimenez De Reyes v. Immigr. & Naturalization Serv., 192 F.3d 1241 (9th Cir. 1999). Cases Citing This Book View Copy Cite
“because the ins did not rebut the presumption that it is more likely than not that petitioners' lives or freedom would be threatened upon returning to colombia, the bia erred by denying their withholding of deportation.”
115 citation events (104 in the last 25 years) across 6 distinct courts.
Strongest positive: Edin Arcenio Ruano v. John Ashcroft (ca9, 2002-08-29)
Treatment trajectory · 2000 → 2026 · click a year to view as-of
2000 2013 2026
Top citers, strongest first. 48 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Edin Arcenio Ruano v. John Ashcroft (2×) also: Cited as authority (rule)
9th Cir. · 2002 · quote attribution · 1 verbatim quote · confidence high
because the ins did not rebut the presumption that it is more likely than not that petitioners' lives or freedom would be threatened upon returning to colombia, the bia erred by denying their withholding of deportation.
discussed Cited as authority (rule) Salvador Mendoza-Montejo v. Merrick Garland
9th Cir. · 2022 · confidence medium
In the absence 3 of past persecution, applicants can establish “a well-founded fear of persecution” by showing that “their fear [is] both objectively reasonable and subjectively genuine.” Reyes-Guerrero v. INS, 192 F.3d 1241, 1244 (9th Cir. 1999).
discussed Cited as authority (rule) Jose Duran-Rodriguez v. William Barr
9th Cir. · 2019 · confidence medium
See Baballah v. Ashcroft, 367 F.3d 1067, 1075 (9th Cir. 2004) (finding death threats, being shot at, as well as a brother’s imprisonment and beating amounted to persecution); Salazar-Paucar v. INS, 281 F.3d 1069, 1075 (9th Cir. 2002) (finding death threats together with beatings of family members and murders of political counterparts constituted past persecution), amended by 290 F.3d 964 (9th Cir. 2002); Reyes-Guerrero v. I.N.S., 192 F.3d 1241, 1246 (9th Cir. 1999) 14 DURAN-RODRIGUEZ V.
discussed Cited as authority (rule) Jorge Regalado-Escobar v. Eric Holder, Jr. (2×)
9th Cir. · 2013 · confidence medium
Cf. Grava v. I.N.S., 205 F.3d 1177, 1181 (9th Cir.2000) (“When the alleged corruption is inextricably intertwined with governmental operation, the exposure and prosecution of such an abuse of public trust is necessarily political.”); Reyes-Guerrero v. I.N.S., 192 F.3d 1241, 1245 (9th Cir.1999) (finding that death threats against a prosecutor who was pursuing an embezzlement case against members of an opposing political party amounted to persecution on the basis of a political opinion because it was difficult to differentiate political from non-political crimes involving government official…
discussed Cited as authority (rule) Mirta Castillo v. Eric Holder, Jr.
9th Cir. · 2011 · confidence medium
See Njuguna, 374 F.3d at 770-71 (retaliation against a Kenyan petitioner who opposed government corruption by helping domestic servants escape was on account of political opinion); Reyes-Guerrero v. INS, 192 F.3d 1241, 1245-46 (9th Cir.1999) (death threats received after a Colombian prosecutor investigated political corruption by an opposition political party constituted persecution on account of political opinion).
examined Cited as authority (rule) Koba Khakhnelidze v. Eric Holder, Jr. (6×) also: Cited "see"
6th Cir. · 2011 · confidence medium
Refusal to accede to government corruption can constitute a political opinion for purposes of refugee status.” Grava v. INS, 205 F.3d 1177 (9th Cir. 2000) (citing Reyes- -24- No. 09-4514 Khakhnelidze, et al. v. Holder Guerrero v. INS, 192 F.3d 1241, 1245 (9th Cir. 1999), and Desir v. Ilchert, 840 F.2d 723, 729 (9th Cir. 1988)); see also Marku v. Ashcroft, 380 F.3d 982, 986 (6th Cir. 2004) (recognizing that opposition to government corruption can constitute a political opinion).
discussed Cited as authority (rule) Valencia v. Holder
9th Cir. · 2011 · confidence medium
See Lim v. INS, 224 F.3d 929, 936-38 (9th Cir.2000) (holding that Lim’s case did not constitute past persecution because neither he nor his family “was ever touched, robbed, imprisoned, forcibly recruited, detained, interrogated, trespassed upon, or even closely confronted”); Reyes-Guerrero v. INS, 192 F.3d 1241, 1243 (9th Cir.1999) (finding past persecution since Reyes-Guerrero was twice approached by men seeking to bribe him to drop his investigation).
cited Cited as authority (rule) Javhlan v. Holder
9th Cir. · 2010 · confidence medium
See 8 C.F.R. § 1208.16 (b)(1)(i); Mousa v. Mukasey, 530 F.3d 1025, 1030 (9th Cir.2008); Reyes-Guerrero v. INS, 192 F.3d 1241, 1246 (9th Cir.1999).
discussed Cited as authority (rule) Yan Xia Zhu v. Mukasey (2×)
9th Cir. · 2008 · confidence medium
In order to prove mistreatment on account of political opinion, petitioner “must show (1) that [she] had either an affirmative or imputed political opinion, and (2) that [she was] targeted on account of that opinion.” Sagaydak v. Gonzales, 405 F.3d 1035, 1042 (9th Cir.2005) (emphasis and footnote omitted). “[A] victim who is targeted for exposing government corruption is persecuted ‘on account of political opinion” because “[Retaliation for investigating or publicizing corruption by political figures is by its very nature a political act.” Id. (citing Reyes-Guerrero v. INS, 192 F…
discussed Cited as authority (rule) Zhu v. Mukasey
9th Cir. · 2008 · confidence medium
Protected Ground The IJ’s alternative ground for denying petitioner’s asylum application was that, even if petitioner’s testimony were cred- ited, she failed to establish mistreatment on a protected ground. [6] In order to prove mistreatment on account of political opinion, petitioner “must show (1) that [she] had either an affirmative or imputed political opinion, and (2) that [she was] targeted on account of that opinion.” Sagaydak v. Gon- zales, 405 F.3d 1035, 1042 (9th Cir. 2005) (emphasis and footnote omitted). “[A] victim who is targeted for exposing government corruption is …
cited Cited as authority (rule) Mora-Moreno v. Keisler
9th Cir. · 2007 · confidence medium
Reyes-Guemro v. INS, 192 F.3d 1241, 1244 (9th Cir.1999).
discussed Cited as authority (rule) Manzur v. U.S. Department of Homeland Security
2d Cir. · 2007 · confidence medium
In cases of opposition to government corruption, this Court has stated that the central questions for determining the nature of an applicant’s actions, which the IJ neither discussed nor recognized, are “whether the applicant’s actions were directed toward a governing institution, or only against individuals whose corruption was aberrational” and “whether the persecutor was attempting to suppress a challenge to the governing institution.” Id. at 548 (internal quotation marks and citation omitted); see also Harsan v. Ashcroft, 380 F.3d 1114, 1120 (9th Cir.2004); Njuguna v. Ashcroft,…
discussed Cited as authority (rule) Manzur v. DHS
2d Cir. · 2007 · confidence medium
In cases of opposition to government 21 corruption, this Court has stated that the central questions for 5 The IJ’s statement that the attempt to prosecute a public official “standing alone” did not establish the expression of a political opinion is a further illustration of the IJ’s general failure to evaluate adequately the petitioners’ claims in light of the entire evidentiary context in which they arose. 25 1 determining the nature of an applicant’s actions, which the IJ 2 neither discussed nor recognized, are “whether the applicant’s 3 actions were directed toward a govern…
discussed Cited as authority (rule) Pavlyk, Volodymyr v. Gonzales, Alberto
7th Cir. · 2006 · confidence medium
See, e.g., Bace v. Ashcroft, 352 F.3d 1133, 1137-38 (7th Cir. 2003) (holding that persecution of an election commissioner for failure to certify an election was on account of a political opinion); Chouchkov v. INS, 220 F.3d 1077, 1084 (9th Cir. 2000) (holding that persecu- tion of a Russian atomic energy agency employee for objecting within the agency to the agency’s sale of mate- rials to Iran was on account of a political opinion); Reyes- Guerrero v. INS, 192 F.3d 1241, 1245 (9th Cir. 1999) (holding that persecution of a public prosecutor for investigating No. 05-4444 19 corruption by memb…
discussed Cited as authority (rule) Volodymyr Pavlyk, Natalia Pavlyk, and Iryna Pavlyk v. Alberto R. Gonzales (2×)
7th Cir. · 2006 · confidence medium
See, e.g., Bace v. Ashcroft, 352 F.3d 1133, 1137-38 (7th Cir.2003) (holding that persecution of an election commissioner for failure to certify an election was on account of a political opinion); Chouchkov v. INS, 220 F.3d 1077, 1084 (9th Cir.2000) (holding that persecution of a Russian atomic energy agency employee for objecting within the agency to the agency’s sale of materials to Iran was on account of a political opinion); Reyes-Guerrero v. INS, 192 F.3d 1241, 1245 (9th Cir.1999) (holding that persecution of a public prosecutor for investigating corruption by members of a rival politica…
discussed Cited as authority (rule) Gonzalez-Castillo v. Gonzales
9th Cir. · 2005 · confidence medium
See Ruano v. Ashcroft, 301 F.3d 1155, 1160-61 (9th Cir.2002) (finding past persecution based on multiple death threats and close confrontation with persecutors); Reyes-Guerrero v. INS, 192 F.3d 1241, 1246 (9th Cir.1999) (finding past persecution based on multiple death threats and bribery attempt).
cited Cited as authority (rule) Nnachi-Anydiegwu v. Gonzales
9th Cir. · 2005 · confidence medium
Reyes-Guerrero v. INS, 192 F.3d 1241, 1244 (9th Cir.1999).
discussed Cited as authority (rule) Viktor Yaroslavovich Sagaydak Nataliya Bogdanivna Sagaydak v. Alberto Gonzales, Attorney General (2×)
9th Cir. · 2005 · confidence medium
Reyes-Guerrero v. INS, 192 F.3d 1241, 1245 (9th Cir.1999) (holding that persecution was on account of political opinion because petitioner’s prosecutorial investigation into acts of political corruption “was, by its very nature, political”).
discussed Cited as authority (rule) Sagaydak v. Gonzales
9th Cir. · 2005 · confidence medium
Reyes-Guerrero v. INS, 192 F.3d 1241, 1245 (9th Cir. 1999) (holding that persecution was on account of political opinion because petitioner’s prosecutorial investigation into acts of political corruption “was, by its very nature, politi- cal”).
discussed Cited as authority (rule) Da Silva v. Ashcroft
1st Cir. · 2005 · confidence medium
The taxonomic problem is exacerbated here because whistleblowers generally have been recognized as political, rather than social, refugees, see, e.g., Reyes-Guerrero v. INS, 192 F.3d 1241, 1245 (9th Cir.1999); Marquez v. INS, 105 F.3d 374, 381 (7th Cir.1997), yet the petitioner explicitly relinquished this ground before the IJ and does not attempt to resurrect it here.
discussed Cited as authority (rule) Nune Mamouzian v. John Ashcroft, Attorney General
9th Cir. · 2004 · confidence medium
See, e.g., Ruano v. Ashcroft, 301 F.3d 1155, 1159-60 (9th Cir.2002); Salazar-Paucar v. INS, 281 F.3d 1069, 1074-75 (9th Cir.2002); Reyes-Guerrero v. INS, 192 F.3d 1241, 1245-46 (9th Cir.1999); Leiva-Montalvo v. INS, 173 F.3d 749, 751 (9th Cir.1999).
examined Cited as authority (rule) Liri Norek Marku v. John Ashcroft, Attorney General Immigration and Naturalization Service (4×) also: Cited "see"
6th Cir. · 2004 · confidence medium
Cir.2001); Gonahasa v. INS, 181 F.3d 538, 543 (4th Cir.1999); Reyes-Guerrero v. INS, 192 F.3d 1241, 1245 (9th Cir.1999); Marquez v. INS, 105 F.3d 374, 381 (7th Cir.1997); Gonzales-Neyra v. INS, 133 F.3d 726 (9th Cir.1997); In re Desir, 840 F.2d 723, 727 (9th Cir.1988).
examined Cited as authority (rule) Marku v. Ashcroft (4×) also: Cited "see"
6th Cir. · 2004 · confidence medium
Cir. 2001); Gonahasa We must determine whether the BIA erred in holding that v. INS, 181 F.3d 538, 543 (4th Cir. 1999); Reyes-Guerrero v. Marku is not eligible for asylum because she did not prove INS, 192 F.3d 1241, 1245 (9th Cir. 1999); Marquez v. INS, she fears persecution on account of a ground protected by the 105 F.3d 374, 381 (7th Cir. 1997); Gonzales-Neyra v. INS, INA.
discussed Cited as authority (rule) Khaligh v. Ashcroft
9th Cir. · 2004 · confidence medium
We review claims of due process violations de novo, Lopez-Urenda v. Ashcroft, 345 F.3d 788, 791 (9th Cir.2003), and review the denial of asylum and withholding of removal for substantial evidence, Reyes-Guerrero v. INS, 192 F.3d 1241, 1244 (9th Cir.1999).
discussed Cited as authority (rule) Maldonado-Castro v. Ashcroft (2×) also: Cited "see"
9th Cir. · 2004 · confidence medium
This Court reviews the denial of asylum for substantial evidence, Reyes-Guerrero v. I.N.S., 192 F.3d 1241, 1244 (9th Cir.1999), and reviews claims of due process violations in immigration proceedings de novo, Lopez-Urenda v. Ashcroft, 345 F.3d 788, 791 (9th Cir.2003).
cited Cited as authority (rule) Rancancoj De Leon v. Immigration & Naturalization Service
9th Cir. · 2003 · confidence medium
See, e.g., Ruano v. Ashcroft, 301 F.3d 1155, 1160-61 (9th Cir.2002); Reyes-Guerrero v. INS, 192 F.3d 1241, 1245-46 (9th Cir. 1999); Gonzalez v. INS, 82 F.3d 903, 909-10 (9th Cir.1996).
cited Cited as authority (rule) Contreras-Pabon v. Immigration & Naturalization Service
9th Cir. · 2003 · confidence medium
We review for sub stantial evidence, Reyes-Guerrero v. INS, 192 F.3d 1241, 1244 (9th Cir.1999), and we deny the petition for review.
discussed Cited as authority (rule) Dagoberto Hermes Salazar-Paucar v. Immigration and Naturalization Service
9th Cir. · 2002 · confidence medium
First, if an appli *1074 cant establishes past persecution, it triggers a rebuttable presumption of a well-founded fear of future persecution. 8 C.F.R. § 208.13 (b)(1)(d) (1999); 3 Reyes-Guerrero v. INS, 192 F.3d 1241, 1244-45 (9th Cir.1999).
cited Cited as authority (rule) Abdelwahed v. Immigration & Naturalization Service
9th Cir. · 2001 · confidence medium
Reyes-Guerrero v. INS, 192 F.3d 1241, 1244 (9th Cir.1999).
cited Cited as authority (rule) Mondal v. Immigration & Naturalization Service
9th Cir. · 2001 · confidence medium
Reyes-Guerrero v. INS, 192 F.3d 1241, 1244 (9th Cir.1999).
discussed Cited as authority (rule) Nigist Shoafera v. Immigration and Naturalization Service (2×)
9th Cir. · 2000 · confidence medium
See Maini v. INS, 212 F.3d 1167, 1173 (9th Cir.2000); Reyes-Guerrero v. INS, 192 F.3d 1241, 1244 (9th Cir.1999).
discussed Cited as authority (rule) Melencio Legui Lim v. Immigration and Naturalization Service (2×) also: Cited "see, e.g."
9th Cir. · 2000 · signal: cf. · confidence medium
Cf. Reyes-Guerrero v. INS, 192 F.3d 1241, 1243-44 (9th Cir.1999) (granting asylum to petitioner who endured death threats for seven years prior to fleeing).
discussed Cited as authority (rule) Varsha Tushar Shah Forum T. Shah Kunal T. Shah v. Immigration and Naturalization Service
9th Cir. · 2000 · confidence medium
See, e.g., Akinmade, 196 F.3d at 958 ; Reyes-Guerrero v. INS, 192 F.3d 1241, 1245-46 (9th Cir.1999) (holding that threats against the petitioner because of perception that he caused damage to political cause amounted to past persecution on account of a political opinion); Briones v. INS, 175 F.3d 727, 728 (9th Cir.1999) (en banc) (concluding that petitioner suffered persecution on account of a political opinion where he was placed on an assassination list and sent a death threat); Vera-Valera v. INS, 147 F.3d 1036 , 1039 (9th Cir.1998) (holding that death threats from guerrillas in Peru consti…
discussed Cited as authority (rule) Shabanali Ladha Khatoon Ladha Farzana S. Ladha v. Immigration and Naturalization Service (2×) also: Cited "see"
9th Cir. · 2000 · confidence medium
“To establish a well-founded fear of persecution, petitioners must show their fear to be both objectively reasonable and subjectively genuine.” Reyes-Guerrero v. INS, 192 F.3d 1241, 1244 (9th Cir.1999).
discussed Cited as authority (rule) Maya Avetova-Elisseva v. Immigration and Naturalization Service (2×)
9th Cir. · 2000 · confidence medium
S208.13(b)(1)(i); and see, e.g., Reyes-Guerrero v. INS, 192 F.3d 1241, 1244-45 (9th Cir. 1999)). 22 In that regard the BIA did not opine on whether the harassment of Armenians rises to the level of persecution.
discussed Cited "see" Chanpreet Kaur v. Robert Wilkinson
9th Cir. · 2021 · signal: see · confidence high
See Government of Punjab India, Chief Minister (listing as Chief Minister, Amarinder Singh, who was elected to that position in March 2017). 17 In Reyes-Guerrero v. I.N.S., 192 F.3d 1241, 1243 (9th Cir. 1999), we found that the petitioner was able to establish past persecution in a situation analogous to Kaur’s.
discussed Cited "see" Dora Trochez Castellanos v. William Barr, U. S. At
5th Cir. · 2020 · signal: accord · confidence high
See, e.g., Pirmuhammad v. Ashcroft, 122 F. App’x 132, 132 (5th Cir. 2005) (unpublished) (holding that several death threats, without physical abuse, detainment, or interrogation, are not persecution); Chamorro v. Ashcroft, 119 F. App’x 608, 608 (5th Cir. 2004) (unpublished) (same); Zapeta v. Ashcroft, 103 F. App’x 857, 857 (5th Cir. 2004) (unpublished) (same); Torres v. Ashcroft, 88 F. App’x 706, 706 (5th Cir. 2004) (unpublished) (same); accord Reyes-Guerrero v. I.N.S., 192 F.3d 1241, 1243 (9th Cir. 1999) (finding past persecution where repeated and menacing death threats were accompan…
cited Cited "see" Sead v. Gonzales
9th Cir. · 2006 · signal: see · confidence high
See Reyes-Guerrero v. INS, 192 F.3d 1241, 1244 (9th Cir.1999).
discussed Cited "see" Hossein Nahrvani v. Alberto Gonzales, Attorney General (2×) also: Cited "see, e.g."
9th Cir. · 2005 · signal: see · confidence high
See Salazar-Paucar v. INS, 281 F.3d 1069, 1075 (9th Cir.2002) (finding that death threats “combined with” multiple events, including harm to the applicant’s family and murders of the applicant’s political counter parts, constituted persecution); see■ also Reyes-Guerrero v. INS, 192 F.3d 1241, 1243-44 (9th Cir.1999) (describing- repeated bribe attempts, personal confrontations, and death threats); Sangha v. INS, 103 F.3d 1482, 1486-87 (9th Cir.1997) (involving an attack on the petitioner’s family, personal confrontation, and death threats).
cited Cited "see" Lopez v. Ashcroft
9th Cir. · 2004 · signal: see · confidence high
See Reyes-Guerrero. v. INS, 192 F.3d 1241, 1245 (9th Cir.1999) (stating that to warrant asylum “the applicant must establish a ‘causal connection’ between the persecution and the political opinion”).
cited Cited "see" Recinos v. Ashcroft
9th Cir. · 2004 · signal: see · confidence high
See Reyes-Guerrero v. INS, 192 F.3d 1241, 1245 (9th Cir.1999) (stating that to warrant asylum “the applicant must establish a ‘causal connection’ between the persecution and the political opinion”).
cited Cited "see" Barrientos v. United States Immigration & Naturalization Service
9th Cir. · 2002 · signal: see · confidence high
See Reyes-Guerrero v. INS, 192 F.3d 1241, 1245 (9th Cir.1999); Sangha v. INS, 103 F.3d 1482, 1489 (9th Cir.1997).
discussed Cited "see" Singh v. Immigration & Naturalization Service
9th Cir. · 2001 · signal: see · confidence high
If the applicant proves past persecution, a rebuttable presumption of a well-founded fear of future persecution exists under 8 C.F.R. § 208.16 (b)(2), and the “burden shifts to the INS to show by a preponderance of the evidence that country conditions have changed to such an extent that the petitioner no longer has a well founded fear that he would be persecuted if he were to return.” Id. (citing 8 C.F.R. § 208.13 (b)(1(i); see Reyes-Guerrero v. INS, 192 F.3d 1241, 1244 (9th Cir.1999) (stating that the evidence must show “ ‘that persecution is a reasonable possibility’ ” (quoting…
discussed Cited "see" Dionesio Calunsag Grava v. Immigrationand Naturalization Service (2×)
9th Cir. · 2000 · signal: see · confidence high
See Reyes-Guerrero v. INS, 192 F.3d 1241, 1245 (9th Cir.1999); cf. Marquez v. INS, 105 F.3d 374, 381 (7th Cir.1997) (writing that political agitation against state corruption might well be a ground for asylum).
discussed Cited "see, e.g." Yidong Bu v. Alberto Gonzales, Attorney General
6th Cir. · 2007 · signal: see also · confidence medium
See, e.g., Grava v. INS, 205 F.3d 1177, 1181 (9th Cir.2000) (“whistleblowing against one’s supervisors at work is not, as a matter of law, always an exercise of political opinion[,] ... [but] where the whistle blows against corrupt government officials, it may constitute political activity sufficient to form the basis of persecution on account political opinion” (citations omitted)); see also Reyes-Guerrero v. INS, 192 F.3d 1241, 1246 (9th Cir.1999) (Colombian attorney who prosecuted corruption by members of the opposition party established “a causal connection between the persecution …
discussed Cited "see, e.g." Bu v. Gonzales
6th Cir. · 2007 · signal: see also · confidence medium
See, e.g., Grava v. INS, 205 F.3d 1177, 1181 (9th Cir. 2000) ( “whistleblowing against one’s supervisors at work is not, as a matter of law, always an exercise of political opinion[,] . . . [but] where the whistle blows against corrupt government officials, it may constitute political activity sufficient to form the basis of persecution on account political opinion” (citations omitted)); see also Reyes-Guerrero v. INS, 192 F.3d 1241, 1246 (9th Cir. 1999) (Colombian attorney who prosecuted corruption by members of the opposition party established “a causal connection between the persecu…
discussed Cited "see, e.g." Nahrvani v. Gonzales
9th Cir. · 2005 · signal: see also · confidence medium
See Salazar-Paucar v. INS, 281 F.3d 1069, 1075 (9th Cir. 2002) (finding that death threats “combined with” multiple events, including harm to the appli- cant’s family and murders of the applicant’s political counter- parts, constituted persecution); see also Reyes-Guerrero v. INS, 192 F.3d 1241, 1243-44 (9th Cir. 1999) (describing repeated bribe attempts, personal confrontations, and death threats); Sangha v. INS, 103 F.3d 1482, 1486-87 (9th Cir. 1997) (involving an attack on the petitioner’s family, personal confrontation, and death threats).
discussed Cited "see, e.g." Afroza Hasan Khandker Nazmul Hasan v. John Ashcroft, Attorney General
9th Cir. · 2004 · signal: see, e.g. · confidence medium
See, e.g., Reyes-Guerrero v. INS, 192 F.3d 1241, 1245 (9th Cir.1999) (holding that an investigation into white collar crimes committed by politicians in Colombia, where the criminal justice and political systems are closely intertwined, is, “by its very nature, political”); Desir v. Ilchert, 840 F.2d 723, 727-28 (9th Cir.1988) (noting the substantial evidence in the record that the Haitian government operated as a “ ‘klep-tocracy,’ or government by thievery, from the highest to the lowest level,” and concluding that persecution due to “Desir’s refusal to accede to extortion in …
Retrieving the full opinion text from the archive…
Carlos E. REYES-GUERRERO; Graciela I. Jimenez De Reyes, Petitioners,
v.
IMMIGRATION AND NATURALIZATION SERVICE, Respondent
98-70581.
Court of Appeals for the Ninth Circuit.
Sep 16, 1999.
192 F.3d 1241
Nancy A. Fellom, Fellom & Solorio, San Francisco, California., for the petitioners., Lorri Shealy Unumb, Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for the respondent.
Schroeder, Fletcher, Hall.
Cited by 61 opinions  |  Published
B. FLETCHER, Circuit Judge:

Carlos Eduardo Reyes-Guerrero, and his wife, Graciela Irene Jiminez de Reyes, both citizens of Colombia, petition for review of an order of the BIA sustaining the government’s appeal and reversing an IJ’s order granting petitioners’ applications for asylum and withholding of deportation pursuant to 8 U.S.C. § 1158(a) and § 1253(h). Petitioners allege that Carlos, a member of the Conservative Party, was threatened with death on account of his investigative work for the Ministry of Justice and the Superior Court of Public Order, and in particular for his role in the prosecution of members of the Liberal Party. We have jurisdiction to review a final order of deportation pursuant to 8 U.S.C. § 1105a(a), as amended by section 309(c)(4) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub.L. 104-208, 110 Stat. 3009 (Sept. 30, 1996). [1] We grant the petition for review, find petitioners eligible for asylum and grant their applications for withholding of deportation.

I. FACTUAL BACKGROUND & PROCEDURAL HISTORY

Petitioners were both certified attorneys in Colombia. Carlos Reyes, the principal petitioner, was employed by the Ministry of Justice for approximately fourteen years. Carlos was a member of the Conservative Party. The Conservative Party is one of two dominant political parties in Colombia; the other is the Liberal Party. At the Ministry of Justice, judges and attorneys are selected from the Conservative and Liberal Parties in equal numbers.

Carlos was involved in the investigation and prosecution of a wide variety of crimes. In 1980, he was assigned to investigate the ‘White Collar Scandal” which involved a scheme to embezzle funds from a government pension plan and divert those funds to the Liberal Party. Eighteen defendants were arraigned, including a district attorney, a judge, and the chief of the retirement fund-all members of the Liberal Party. Under Colombian law, no member of a political party may investigate or act as a judge in a case involving members of the party to which he or she belongs. Since Carlos was a member of the Conservative Party, he was assigned to this case.

In 1984, Carlos and Judge Guillermo Cruz-Cruz began getting death threats, warning them against pursuing the investigation. Twice in 1989, Carlos was approached and offered suitcases full of cash as a bribe to drop the case. He requested and was provided protection by the national security agency. After the White Collar defendants were found guilty in 1989, and until he fled Colombia in 1991, Carlos continued to receive threats over the phone and in person. The individuals involved told Carlos that he was not going to get[*1244] away with the damage he caused the Liberal Party. Carlos was told that he was responsible for the convictions and that he was a stooge for the Conservative Party. He was warned against playing politics, and told that he would be in trouble if the convictions were affirmed on appeal. Although he changed vehicles, residences, offices, and phone numbers, and although he had asked for protection from the government, those perpetrating the threats always managed to find petitioners. Afraid for their lives, Graciela and Carlos came to the United States in September, 1990 and June, 1991 respectively.

The IJ granted petitioners’ applications for asylum and withholding of deportation. The INS appealed and the BIA sustained the appeal. The Board found that the criminal defendants were motivated by a desire to thwart the criminal process, irrespective of Carlos’ political opinion. Petitioners claim that the evidence they presented compels the conclusion that they have a well-founded fear of being persecuted in Colombia, in part, on account of Carlos’ political persuasion should they be required to return.

II. STANDARD OF REVIEW

This court must uphold the BIA’s denial of asylum if it is “supported by reasonable, substantial, and probative evidence on the record considered as a whole.” 8 U.S.C. § 1105a(a)(4); INS v. Elias-Zacarias, 502 U.S. 478, 481, 112 S.Ct. 812, 117 L.Ed.2d 38 (1992). Similarly, the BIA’s decision whether to withhold deportation is reviewed for substantial evidence. Mejia-Paiz v. INS, 111 F.3d 720, 722 (9th Cir.1997). Review is limited to the administrative record. Velarde v. INS, 140 F.3d 1305, 1309 (9th Cir.1998). “[W]here the IJ expressly finds certain testimony to be credible, and where the BIA makes no contrary finding, we ‘accept as undisputed’ the testimony given at the hearing before the IJ.” Singh v. INS, 94 F.3d 1353, 1356 (9th Cir.1996) (quoting Singh v. Ilchert, 63 F.3d 1501, 1506 (9th Cir.1995)). To the extent that the BIA incorporates the IJ’s decision as its own, the court should treat the IJ’s statements of reasons as the BIA’s, and review the IJ’s decision. Gonzalez v. INS, 82 F.3d 903, 907 (9th Cir.1996).

III. STATUTORY REQUIREMENTS

In order to be eligible for asylum, petitioners must show that they are “unwilling or unable” to return to their home 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) (defining “refugee”). To establish a well-founded fear of persecution, petitioners must show their fear to be both objectively reasonable and subjectively genuine. See Fisher v. INS, 79 F.3d 955, 960 (9th Cir.1996) (en banc). The objective component of this test requires showing “by credible, direct, and specific evidence in the record, that persecution is a reasonable possibility.” Meza-Manay v. INS, 139 F.3d 759, 763 (9th Cir.1998) (internal quotations omitted) (quoting Singh v. Ilchert, 63 F.3d 1501, 1506 (9th Cir.1995)). This showing may be made “by the production of specific documentary evidence or by the credible and persuasive testimony of the applicant.” Id. “[P]ersecutory conduct may have more than one motive, and so long as one motive is one of the statutorily enumerated grounds, the requirements have been satisfied.” Singh v. Ilchert, 63 F.3d at 1509; see Borja v. INS, 175 F.3d 732, 735 (9th Cir.1999) (en banc); Briones v. INS, 175 F.3d 727, 729 (9th Cir.1999) (en banc); Ratnam v. INS, 154 F.3d 990, 994 (9th Cir.1998); Rodriguez-Roman v. INS, 98 F.3d 416, 430 n. 23 (9th Cir.1996).

Evidence of past persecution alone can establish a well-founded fear. See Ratnam, 154 F.3d at 994. Establishing past persecution triggers a rebuttable presumption of a well-founded fear of fu[*1245] ture persecution. See 8 C.F.R. § 208.13(b)(1)(i). The INS can rebut this presumption by showing by a preponderance of the evidence that conditions “have changed to such an extent that the applicant no longer has a well-founded fear of being persecuted if he or she were to return.” Id.

Where an asylum applicant relies on past persecution on account of political opinion to establish a rebuttable presumption of a well-founded fear of future persecution, she must show that (1) she was a victim of persecution, (2) she holds a political opinion, (3) her political opinion was known to her persecutors, and (4) the persecution was on account of her political opinion. Sangha v. INS, 103 F.3d 1482, 1486-87 (9th Cir.1997). To meet this burden, the applicant must establish a “causal connection” between the persecution and the political opinion, either through direct or circumstantial evidence. Id.; see Lopez-Galarza v. INS, 99 F.3d 954, 959 (9th Cir.1996).

IY. DISCUSSION

The BIA erred when it reduced the actions against Carlos Reyes to nothing more than attempts by criminal defendants to disrupt the criminal process. The BIA’s mistake was to focus on one motive of the persecutors-which was to disrupt the investigation of the White Collar Scandal-while ignoring substantial evidence in the record that the persecutors saw Carlos as their political enemy.

The criminal justice and political systems in Colombia are closely intertwined. The 1994 State Department Country Profile for Colombia notes that, “[d]ue to insufficient police and judicial resources to investigate and prosecute most killings and the frequently overlapping violent forces at work, it is often difficult to differentiate political from non-political murders.” The investigation undertaken by Carlos, a member of the Conservative Party, into acts of political corruption by the Liberal Party, was, by its very nature, political.

Whatever prosecution Carlos chose to pursue threatened the Liberal Party. This fact was not lost on his persecutors. When Carlos refused to drop the case, he was threatened with death and told that he would pay for the damage done to their party. The BIA was precisely right that Carlos was “perceived to be ‘playing politics’ or seeking to embarrass the Liberal Party in his attempt to obtain convictions of the defendants.” The persecutors called Carlos a Conservative Party stooge and told him that he had damaged their party, and now owed that party a debt. Carlos did not waver from his refusal to end the investigation, remaining a political adversary in the eyes of those threatening to kill him.

This court has found persecution on account of political opinion where one party to a conflict insisted to the victim that the victim was aligned with the other side. See Singh v. Ilchert, 63 F.3d at 1509; Maldonado-Cruz v. United States Dep’t of Immigration & Naturalization, 883 F.2d 788, 792 (9th Cir.1989); see also Gomez-Saballos v. INS, 79 F.3d 912, 917 (9th Cir.1996) (“[D]eath threats by people on one side of a civil war against a person suspected of being on the other side constitute[s] persecution on account of political opinion.”). The record makes clear that the people who threatened to kill Carlos and Graciela perceived them to be enemies who had inflicted harm on their political cause. This was not, as the BIA described it, simply a case of threats and intimidation of “a prosecutor who was prosecuting,” [2] It was a case of persecu[*1246] tion of a Conservative Party member who was prosecuting crimes committed by high ranldng members of the opposition. The decision to prosecute and the retaliation for that decision were highly politically charged. Moreover, the death threats continued long after the investigation had ended and the defendants were convicted. There is indisputably a causal connection between the persecution suffered by Carlos and his political opinion. See Sangha, 103 F.3d at 1486-87.

Because we find that petitioners have demonstrated that they suffered past persecution, they are entitled to the legal presumption that they have a well-founded fear of future persecution. See 8 C.F.R. § 208.13(b)(1)(i); Borja, 175 F.3d at 737. To rebut this presumption, the INS invokes the 1994 State Department Country Profile for Colombia. However, the Profile fully corroborates petitioners’ testimony that they would be hi danger of being killed should they return to Colombia. Under a subsection entitled “Intimidation of the Judiciary,” the Profile notes that “Magistrates, judges, attorneys, and prosecutors have been suborned, threatened, assassinated, or had family members killed in connection with certain cases.” Equally unreassuring is the Profile’s statement that “[g]iven the complexity of the internal order situation, the line between political disappearance and kidnapping is often unclear, but Colombia suffers one of the world’s highest rates of abductions.” Nothing in the Profile indicates that the situation in Colombia has changed at all, much less improved to a degree that suffices to rebut petitioners’ well-founded fear. Moreover, a letter to petitioners from the secretary-general of the union of judicial employees in Colombia, sent in June, 1991, stated that violence against judges and their employees continued unabated. The letter included a list of the names of judges and judicial employees who had been murdered since petitioners fled. For these reasons, the presumption that petitioners have a well-founded fear stands unrebutted.

Because the INS did not rebut the presumption that it is more likely than not that petitioners’ lives or freedom would be threatened upon returning to Colombia, the BIA erred by denying their withholding of deportation. See 8 C.F.R. § 208.16(b)(2); Singh, 63 F.3d at 1510.

We remand this case to the BIA with instructions to grant petitioners’ application for withholding of deportation and to present this matter to the Attorney General as eligible for the exercise of her discretion as to asylum under 8 U.S.C. § 1158(b).

PETITION GRANTED.

1

. The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), enacted September 30, 1996, repealed 8 U.S.C. § 1105a for all final orders of deportation and provided transitional rules governing judicial review. Where, as here, a final deportation or exclusion order was issued after October 30, 1996, and the case was pending before April 1, 1997, IIRIRA’s transitional rules apply. See IIRIRA, Pub.L. No. 104-208, §§ 306, 309, 110 Stat. 3009, 3009-612, 3009-625 to 3009-627 (Sept. 30, 1996), as amended by Act of Oct. 11, 1996, Pub.L. No. 104-302, 110 Stat

2

. It is undisputed that in his fourteen year tenure with the Ministry of Justice, Carlos was often threatened by those he was prosecuting. However, he testified that he took few of those threats seriously as they were often made by people under strain and would cease once the investigation or prosecution had closed. The threats that arose out of his work on the White Collar Scandal, were, according to Carlos, categorically different from[*1246] the usual non-serious threats directed against him. They also lasted well beyond the close of that case.