Javier Mauricio Martinez Ruiz v. U.S. Atty. Gen., 479 F.3d 762 (11th Cir. 2006). · Go Syfert
Javier Mauricio Martinez Ruiz v. U.S. Atty. Gen., 479 F.3d 762 (11th Cir. 2006). Cases Citing This Book View Copy Cite
402 citation events (402 in the last 25 years) across 1 distinct court.
Strongest positive: Ishmahil Barrie v. U.S. Attorney General (ca11, 2026-02-19)
Treatment trajectory · 2007 → 2026 · click a year to view as-of
2007 2016 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
cited Cited as authority (rule) Ishmahil Barrie v. U.S. Attorney General
11th Cir. · 2026 · confidence medium
Ruiz v. Gonzales, 479 F.3d 762, 765 (11th Cir. 2007).
cited Cited as authority (rule) Reyna Guadalupe Osorio-Villalobos v. U.S. Attorney General
11th Cir. · 2025 · confidence medium
Ruiz v. Gonzales, 479 F.3d 762, 765 (11th Cir. 2007).
discussed Cited as authority (rule) Mario Alber Cruz-Aparicio v. U.S. Attorney General
11th Cir. · 2024 · confidence medium
INA § 208(a)(3), 8 U.S.C. § 1158 (a)(3). “[Section 1158(a)(3)] divests us of jurisdiction to review decisions of whether an alien complied with the one-year time limit, or whether extraordinary circumstances were present to justify un- timely filing of the asylum application.” Ruiz v. Gonzales, 479 F.3d 762, 765 (11th Cir. 2007).
cited Cited as authority (rule) Keydi Mariela Rodriguez Meija v. U.S. Attorney General
11th Cir. · 2024 · confidence medium
Lingeswaran v. U.S. Att’y Gen., 969 F.3d 1278 , 1286 & n.10 (11th Cir. 2020); Ruiz v. Gonzales, 479 F.3d 762, 766 (11th Cir. 2007).
cited Cited as authority (rule) Yan Qing Feng v. U.S. Attorney General
11th Cir. · 2023 · confidence medium
Gen., 676 F.3d 962 , 966–67 (11th Cir. 2012) (quoting Ruiz v. Gonzales, 479 F.3d 762, 765 (11th Cir. 2007)).
cited Cited as authority (rule) Baldwin Maynard Brown v. U.S. Attorney General
11th Cir. · 2023 · confidence medium
Ruiz v. Gonzales, 479 F.3d 762, 765 (11th Cir. 2007). 3 This Court reviews denovo legal issues, such as whether the agency failed to give reasoned consideration to an issue.
examined Cited as authority (rule) Eusebio Lopez-Sarabia v. U.S. Attorney General (3×) also: Cited "see"
11th Cir. · 2023 · confidence medium
Ruiz v. Gonzales, 479 F.3d 762, 765 (11th Cir. 2007).
cited Cited as authority (rule) Braulio Pegueros Magana v. U.S. Attorney General
11th Cir. · 2022 · confidence medium
Ruiz v. Gonzales, 479 F.3d 762, 765 (11th Cir. 2007).
cited Cited as authority (rule) Junjun Xie v. U.S. Attorney General
11th Cir. · 2022 · confidence medium
See Niftaliev v. U.S. Att’y Gen., 504 F.3d 1211 , 1217 (11th Cir. 2007); Ruiz v. Gonzales, 479 F.3d 762, 764, 766 (11th Cir. 2007).
discussed Cited as authority (rule) Elsy Nohemy Martinez-Bobadilla v. U.S. Attorney General
11th Cir. · 2021 · confidence medium
Persecution is an “‘extreme concept’ requiring ‘more than a few isolated incidents of verbal harassment or intimidation[;] . . . mere harassment is not persecu- tion.’” Ruiz v. Gonzales, 479 F.3d 762, 766 (11th Cir. 2007) (quoting Sepulveda v. U.S. Att’y Gen., 401 F.3d 1226, 1231 (11th Cir. 2005)).
cited Cited as authority (rule) Angel Vasquez Garcia v. U.S. Attorney General
11th Cir. · 2020 · confidence medium
III A “When the BIA issues a decision, we review the BIA’s decision, except to the extent that the BIA has expressly adopted the IJ’s decision.” Ruiz v. Gonzales, 479 F.3d 762, 765 (11th Cir. 2007).
cited Cited as authority (rule) Maria Elena Cerrato-Chirinos v. U.S. Attorney General
11th Cir. · 2020 · confidence medium
“When the BIA issues a decision, we review the BIA’s decision, except to the extent that the BIA has expressly adopted the IJ’s decision.” Ruiz v. Gonzales, 479 F.3d 762, 765 (11th Cir. 2007).
cited Cited as authority (rule) Emmanuel Joseph v. U.S. Attorney General
11th Cir. · 2019 · confidence medium
Ruiz v. Gonzalez, 479 F.3d 762, 765 (11th Cir. 2007).
cited Cited as authority (rule) Ebony Nasrine Danielle Phillips v. U.S. Attorney General
11th Cir. · 2019 · confidence medium
Ruiz v. Gonzales, 479 F.3d 762, 765 (11th Cir. 2007).
examined Cited as authority (rule) Mirza Dinora Rivera-Geronimo v. U.S. Attorney General (3×) also: Cited "see"
11th Cir. · 2019 · confidence medium
Ruiz v. Gonzalez, 479 F.3d 762, 765 (11th Cir. 2007).
cited Cited as authority (rule) Bereket Okbazghi Gebrenigus v. U.S. Attorney General
11th Cir. · 2019 · confidence medium
Ruiz v. Gonzales, 479 F.3d 762, 765 (11th Cir. 2007).
cited Cited as authority (rule) Francisco Nunes De Sales v. U.S. Attorney General
11th Cir. · 2019 · confidence medium
Ruiz v. Gonzales, 479 F.3d 762, 765 (11th Cir. 2007).
cited Cited as authority (rule) Sulardy Gonzalez v. U.S. Attorney General
11th Cir. · 2018 · confidence medium
Ruiz v. Gonzales, 479 F.3d 762, 765 (11th Cir. 2007).
cited Cited as authority (rule) Vilma Yolanda Sanchez-Samayoa v. U.S. Attorney General
11th Cir. · 2018 · confidence medium
Ruiz v. Gonzales, 479 F.3d 762, 765 (11th Cir. 2007).
cited Cited as authority (rule) Liu Yanni v. U.S. Attorney General
11th Cir. · 2017 · confidence medium
Ruiz v. Gonzales, 479 F.3d 762, 765 (11th Cir. 2007).
cited Cited as authority (rule) Mariama Jallow v. U.S. Attorney General
11th Cir. · 2017 · confidence medium
Ruiz v. Gonzales, 479 F.3d 762, 765 (11th Cir. 2007).
discussed Cited as authority (rule) Thirukkumar Selvaratnam v. U.S. Attorney General
11th Cir. · 2017 · confidence medium
The Board adopted the judge’s adverse determination of Selvaratnam’s credibility, so we review the decisions of both the Board and the immigration judge, Ruiz v. Gonzales, 479 F.3d 762, 765 (11th Cir. 2007), and ask whether the adverse determination is supported by substantial evidence, Ruiz v. U.S. Att’y Gen., 440 F.3d 1247, 1254-55 (11th Cir. 2006).
cited Cited as authority (rule) Hua Wu Wu v. U.S. Attorney General
11th Cir. · 2017 · confidence medium
Ruiz v. Gonzales, 479 F.3d 762, 765 (11th Cir. 2007).
cited Cited as authority (rule) Haruno Musa Darbo v. U.S. Attorney General
11th Cir. · 2017 · confidence medium
Ruiz v. Gonzales, 479 F.3d 762, 765 (11th Cir. 2007).
cited Cited as authority (rule) Fernando Edgardo Mena Burgos v. U.S. Attorney General
11th Cir. · 2017 · confidence medium
Ruiz v. Gonzales, 479 F.3d 762, 765 (11th Cir. 2007).
discussed Cited as authority (rule) Yuehua Liu v. U.S. Attorney General
11th Cir. · 2016 · confidence medium
See, e.g., Shi, 707 F.3d at 1235-39 (seven-day detention and two interrogations, one involving physical abuse and the other handcuffing to a bar overnight in the rain, resulting in illness and medical treatment); Niftaliev v. U.S. Att’y Gen., 504 F.3d 1211, 1215-17 (11th Cir. 2007) (threats, numerous interrogation and beatings during a 15-day detention' that resulted in a two-month hospitalization, and two subsequent physical attacks); Ruiz v. Gonzales, 479 F.3d 762, 766 (11th Cir. 2007) (18-day detention accompanied by threats and multiple beatings).
cited Cited as authority (rule) Rigoberto Figueria-Lopez v. U.S. Attorney General
11th Cir. · 2016 · confidence medium
Ruiz v. Gonzales, 479 F.3d 762, 765 (11th Cir. 2007).
cited Cited as authority (rule) Mi Ja Cho v. U.S. Attorney General
11th Cir. · 2016 · confidence medium
Ruiz v. Gonzales, 479 F.3d 762, 765 (11th Cir. 2007).
cited Cited as authority (rule) Jose David Zecena Osorio v. U.S. Attorney General
11th Cir. · 2016 · confidence medium
Ruiz v. Gonzales, 479 F.3d 762, 765 (11th Cir. 2007).
cited Cited as authority (rule) Ayman Omar Abdallah v. U.S. Attorney General
11th Cir. · 2016 · confidence medium
See 8 U.S.C. § 1158 (a)(3); Ruiz, 479 F.3d at 765.
cited Cited as authority (rule) Yong Lin v. U.S. Attorney General
11th Cir. · 2015 · confidence medium
Ruiz, 479 F.3d at 765.
cited Cited as authority (rule) Dainora Budnikate Maciene v. U.S. Attorney General
11th Cir. · 2015 · confidence medium
INA § 208(a)(3), 8 U.S.C. § 1158 (a)(3); Ruiz, 479 F.3d at 765.
cited Cited as authority (rule) Leonilo Guzman-Hernandez v. U.S. Attorney General
11th Cir. · 2015 · confidence medium
See Kazemzadeh, 577 F.3d at 1353 ; Djonda, 514 F.3d at 1174 ; Ruiz, 479 F.3d at 766.
cited Cited as authority (rule) Miloslava Butalova v. U.S. Attorney General
11th Cir. · 2014 · confidence medium
Ruiz v. Gonzales, 479 F.3d 762, 765 (11th Cir. 2007).
cited Cited as authority (rule) Solcilet Del Mar Lucena Vasquez v. U.S. Attorney General
11th Cir. · 2014 · confidence medium
Ruiz, 479 F.3d at 765.
cited Cited as authority (rule) Munta Zampaligidi-Jebreel v. U.S. Attorney General
11th Cir. · 2013 · confidence medium
Ruiz, 479 F.3d at 765.
cited Cited as authority (rule) Clifton Bell v. MARTA
11th Cir. · 2013 · confidence medium
Ruiz v. Gonzales, 479 F.3d 762, 765 (11th Cir. 2007).
cited Cited as authority (rule) Suden Zisca Henton v. U.S. Attorney General
11th Cir. · 2013 · confidence medium
Ruiz, 479 F.3d at 765.
cited Cited as authority (rule) Ussiel A. Hernandez v. US Attorney General
11th Cir. · 2013 · confidence medium
We review only the decision of the BIA, “except to the extent that the BIA has expressly adopted the IJ’s decision.” Ruiz v. Gonzales, 479 F.3d 762, 765 (11th Cir. 2007).
discussed Cited as authority (rule) Olha Lyaschynska v. U.S. Attorney General
11th Cir. · 2012 · confidence medium
“When the BIA issues a decision, we review the BIA’s decision, except to the extent that the BIA has expressly adopted the IJ’s decision.” Ruiz v. Gonzales, 479 F.3d 762, 765 (11th Cir. 2007) (citing Al Najjar v. Ashcroft, 257 F.3d 1262 , 1284 (11th Cir. 2001)).
cited Cited as authority (rule) Mariela Rodriguez-Montenegro v. U.S. Attorney General
11th Cir. · 2012 · confidence medium
In Ruiz, this Court vacated the BIA’s finding of no past persecution where the petitioner was kidnapped for eighteen days and his colleague was killed. 479 F.3d at 766.
discussed Cited as authority (rule) Ricardo Calderon Gomez v. U.S. Attorney General (2×) also: Cited "see"
11th Cir. · 2011 · confidence medium
Accordingly, “[t]o conclude the BIA’s decision should be reversed, we must find that the record not only supports the conclusion, but compels it.” Ruiz, 479 F.3d at 765 (internal quotations and citation omitted).
discussed Cited as authority (rule) Martha Beatriz Hernandez v. Us Attorney General (2×) also: Cited "see"
11th Cir. · 2011 · confidence medium
Accordingly, “[t]o conclude the BIA’s decision should be reversed, we must find that the record not only supports the conclusion, but compels it.” Ruiz, 479 F.3d at 762 (internal quotations omitted).
discussed Cited as authority (rule) Hui Hua Lin v. U.S. Attorney General (2×) also: Cited "see"
11th Cir. · 2011 · confidence medium
Accordingly, “[t]o conclude the BIA’s decision should be reversed, we must find that the record not only supports the conclusion, but compels it.” Ruiz, 479 F.3d at 765 (quotation marks omitted).
cited Cited as authority (rule) Arturo Jose Carrizo v. US Attorney General
11th Cir. · 2011 · confidence medium
Ruiz v. Gonzales, 479 F.3d 762, 765 (11th Cir. 2007).
cited Cited as authority (rule) Nilesh Upendra Shah vs U.S. Attorney General
11th Cir. · 2011 · confidence medium
Accordingly, “[t]o conclude the BIA’s decision should be reversed, we must find that the record not only supports the conclusion, but compels it.” Ruiz, 479 F.3d at 765 (internal quotations omitted).
examined Cited as authority (rule) Ze Cong Wang vs U.S. Attorney General (3×) also: Cited "see"
11th Cir. · 2011 · confidence medium
Ruiz v. Gonzales, 479 F.3d 762, 765 (11th Cir. 2007).
examined Cited as authority (rule) Solis v. U.S. Attorney General (3×) also: Cited "see"
11th Cir. · 2011 · confidence medium
Ruiz v. Gonzales, 479 F.3d 762, 765 (11th Cir. 2007).
examined Cited as authority (rule) Ruben Dario Villarreal v. U.S. Attorney General (4×)
11th Cir. · 2010 · confidence medium
Accordingly, “[t]o conclude the BIA’s decision should be reversed, we ‘must find that the record not only supports the conclusion, but compels it.’” Ruiz v. Gonzales, 479 F.3d 762, 765 (11th Cir. 2007) (quoting Fahim v. United States Att’y Gen., 278 F.3d 1216, 1218 (11th Cir. 2002)).
discussed Cited as authority (rule) Mariluz Hernandez v. U.S. Attorney General
11th Cir. · 2009 · signal: cf. · confidence medium
See Zheng, 451 F.3d at 1290 (record did not compel finding of past persecution where petitioner presented no evidence he was physically injured during a five-day detention); cf. Ruiz, 479 F.3d at 766 (record compelled finding of persecution where petitioner presented medical records documenting the injuries suffered during kidnaping).
Retrieving the full opinion text from the archive…
Javier Mauricio Martinez RUIZ, Petitioner,
v.
Alberto R. GONZALES, Attorney General of the United States, Respondent
05-15875.
Court of Appeals for the Eleventh Circuit.
Dec 21, 2006.
479 F.3d 762
Roberto Matus, Roberto Matus, P.A., Miami, FL, for Ruiz., Kathleen M. Salyer, Anne R. Schultz, Asst. U.S. Atty., Miami, FL, David V. Ber-nal, Jamie M. Dowd, U.S. Dept of Justice, OIL, Washington, DC, for Respondent.
Pryor, Fay, Reavley.
Cited by 1 opinion  |  Published
FAY, Circuit Judge:

Upon sua sponte reconsideration of this appeal, we vacate our prior opinion, published at 472 F.3d 1323 (11th Cir.2006), and substitute the following opinion in its place.

Javier Mauricio Martinez Ruiz (“Ruiz”), a Colombian citizen, appeals the Board of Immigration Appeals’ (“BIA”) denial of his application for asylum as well as his request for withholding of removal. Because Ruiz filed his application for asylum 21 days after the one-year deadline, we hold that this Court does not have jurisdiction to review the denial of his asylum application pursuant to 8 U.S.C. § 1158(a)(3). We also hold that Ruiz’s kidnaping, physical assaults, and threatening phone calls rise to the level of persecution. For the reasons set out below, we grant Ruiz’s request for reconsideration of his petition for withholding of removal and remand for further proceedings consistent with this opinion.

BACKGROUND

Ruiz is a citizen of Colombia. He testified before the Immigration Judge (“IJ”) as follows. He joined the Colombian Liberal Party in 1994. Ruiz was involved in numerous activities for the party, such as delivering food, medicine, and working in voting drives.

In September of 2001, the Revolutionary Armed Forces of Colombia (“FARC”) began to harass him. The first incident occurred when the FARC interrupted a meeting which he was attending with some local peasants. The FARC physically assaulted him and accused him of acting on behalf of “politicians from Bogota.” They also took several of the young peasants with them, shooting one when he tried to escape. As they left, the FARC warned him that they would kill him if he continued to participate in politics. Ruiz filed a police report about the incident. A few days later, the FARC called him and demanded that he stop his political activities.

Ruiz testified that the next incident occurred when he was returning to Bogota from delivering food for the Liberal Party. As his group was returning, members of the FARC stopped the bus, ordered every[*764] one off, and set it on fire. They also took some of the female passengers with them. They beat Ruiz with their weapons and told him it was his last chance to cease his political activities.

On December 1 and 2, 2001, the FARC telephoned Ruiz and again threatened his life. Taking these warnings more seriously, he went into hiding on a farm where his friend, Victor, was the caretaker. On January 5th, the FARC went to the farm, kidnaped Ruiz and Victor, killed several animals, and raped Victor’s wife. The FARC marched Ruiz and Victor through the Colombian jungles and beat Ruiz severely while they were marching. According to Ruiz’s testimony, the FARC’s plan was to trade him and Victor for imprisoned guerillas. The FARC believed they could do this because of Ruiz’s place within the Liberal Party. Since he was active in politics, the FARC believed Ruiz’s life would be of sufficient value to arrange such a trade. After 18 days of being held against his will, Ruiz managed to escape when the Colombian Army skirmished with the FARC on January 23, 2002. On February 3, 2002, 11 days later, he arrived in the United States. In February 2003, Victor was found dead in a common grave.

COURSE OF PROCEEDINGS

Ruiz came to the United States on February 3, 2002, on a six-month visa. More than a year later, the federal government (“respondent”) instituted preliminary deportation proceedings against him. On February 24, 2003, Ruiz filed an 1-589 application requesting asylum. In the alternative, he also requested withholding of removal under 8 U.S.C. § 1231(b)(3). He presented multiple pieces of evidence in support of his testimony, such as a Colombian police statement from Victor’s wife which recounted her rape and the kidnap-ing of Victor and Ruiz. Ruiz also submitted a medical report and a prescription he received to treat injuries received while held captive. He also submitted a police report concerning the September 12 beating he received. Furthermore, Ruiz filed a letter from the Campaign Coordinator of the Liberal Party, stating that he was an active member in the party. Finally, he filed Victor’s death certificate, which corroborated that Victor was shot and found in a common grave.

The IJ found that Ruiz’s asylum application was time-barred by 8 C.F.R. § 208.4(a)(2) because it was not filed within the one year deadline. The IJ determined that even if the asylum application were not time-barred, it would still be denied based on a lack of credibility in Ruiz’s testimony and because he had failed to establish that he was persecuted based on any of the five statutory grounds outlined in 8 U.S.C. § 1101(a)(42)(A). Those grounds are race, religion, nationality, membership in a particular social group, or political opinion. The IJ also concluded that even if these instances qualified as persecution, Ruiz could be relocated within Colombia under 8 C.F.R. § 208.16(b)(l)(i)(B), which would also serve to deny his asylum application. The IJ further concluded that because he did not show a “well-founded fear of persecution” as required for asylum, Ruiz had also failed to establish a “clear probability of persecution,” the higher burden of proof required for withholding of removal.

Ruiz appealed to the BIA. The BIA, like the IJ, held that Ruiz’s asylum application was time-barred. However, the BIA assumed Ruiz’s credibility, and respondent concedes his credibility on this appeal. Even though it accepted his testimony as credible, the BIA found that Ruiz did not demonstrate a clear probability of persecution if returned to Colombia, as[*765] required for withholding of removal. This appeal followed.

STANDARD OF REVIEW

There are two issues on appeal:

I. Whether this Court has subject-matter jurisdiction to review the BIA’s finding that Ruiz’s asylum application was time-barred.

II. Whether the BIA erred when it denied Ruiz’s request for withholding of removal.

We review subject-matter jurisdiction de novo. See Brooks v. Ashcroft, 283 F.3d 1268, 1272 (11th Cir.2002); Jairath v. Dyer, 154 F.3d 1280, 1281-82 (11th Cir.1998).

When the BIA issues a decision, we review the BIA’s decision, except to the extent that the BIA has expressly adopted the IJ’s decision. Al Najjar v. Ashcroft, 257 F.3d 1262, 1284 (11th Cir.2001) (citing Garrovillas v. INS, 156 F.3d 1010, 1013 (9th Cir.1998)). In that instance, we review the IJ’s decision as well. Id. See also Prado-Gonzalez v. INS, 75 F.3d 631, 632 (11th Cir.1996).

This Court “must affirm the BIA’s decision 'if it is supported by reasonable, substantial, and probative evidence on the record considered as a whole.’ ” Al Najjar, 257 F.3d at 1284 (citing Lorisme v. INS, 129 F.3d 1441, 1444-45 (11th Cir.1997)). To conclude the BIA’s decision should be reversed, we “must find that the record not only supports the conclusion, but compels it.” Fahim v. U.S. Attorney Gen., 278 F.3d 1216, 1218 (11th Cir.2002) (quoting INS v. Elias-Zacarias, 502 U.S. 478, 480 n. 1, 112 S.Ct. 812, 117 L.Ed.2d 38 (1992)).

ANALYSIS

I. Jurisdiction Over the Denial of Asylum

Pursuant to 8 U.S.C. § 1158(a)(2)(B), an application for asylum must be filed within one year of entering the United States. However, 8 U.S.C. § 1158(a)(2)(D) allows applications to be untimely in the event of extraordinary circumstances relating to delay in filing the asylum application. See also 8 C.F.R. § 208.4(a)(5) (identifying events that qualify as extraordinary circumstances). 8 U.S.C. § 1158(a)(3) provides that “[n]o court shall have jurisdiction to review any determination of the Attorney General under paragraph (2).” This Court has decided that this section divests us of jurisdiction to review decisions of whether an alien complied with the one-year time limit, or whether extraordinary circumstances were present to justify untimely filing of the asylum application. Mendoza v. U.S. Attorney Gen., 327 F.3d 1283, 1287 (11th Cir.2003) (citing Fahim v. U.S. Attorney Gen., 278 F.3d 1216, 1217-18 (11th Cir.2002)). Thus, regardless of whether Ruiz’s application was timely or whether extraordinary circumstances existed, it is not within this Court’s jurisdiction to review a denial of asylum on those grounds.

II. Withholding of Removal

Ruiz also appeals the IJ and BIA’s denial of withholding of removal. 8 U.S.C. § 1231(b)(3)(A) provides that an alien is entitled to withholding of removal if removal would threaten his life or freedom on account of his race, religion, nationality, membership in a particular social group, or political opinion.

Respondent does not dispute that the record compels a finding that Ruiz was harassed by the FARC on account of his political opinion, one of the five protected[*766] grounds as per 8 U.S.C § 1231(b)(3)(A). His participation in Liberal Party activities precedes every FARC encounter, and the phone calls make clear that Ruiz drew the FARC’s ire because of his political participation. Furthermore, the FARC telephoned Ruiz about a month before his kidnaping and threatened him once again, because he had not stopped his political activities. After seeking sanctuary with his friend, Victor, the FARC kidnaped him and Victor and attempted to trade them for imprisoned guerillas.. The FARC would not have thought the trade was possible if it weren’t for Ruiz’s political position. Thus, the FARC was persecuting Ruiz for his political opinion, one of the five protected grounds under 8 U.S.C. § 1231(b)(3)(A).

An alien seeking withholding of removal must show that it is “more likely than not” he will be subject to persecution based upon one of the five protected categories if returned to his country. [1] INS v. Stevic, 467 U.S. 407, 429-30, 104 S.Ct. 2489, 2501, 81 L.Ed.2d 321, 337 (1984). A showing that an alien has suffered past persecution in the proposed country of removal creates a rebuttable presumption that the alien’s life or freedom would again be threatened upon removal to the proposed country. Antipova v. U.S. Attorney Gen., 392 F.3d 1259, 1264 (11th Cir.2004) (citing 8 C.F.R. § 208.16(b)(l)(i)). This Court has held that “persecution” is an “extreme concept” requiring “more than a few isolated incidents of verbal harassment or intimidation ... [m]ere harassment is not persecution.” Sepulveda v. U.S. Attorney Gen., 401 F.3d 1226, 1231 (11th Cir.2005) (citing Gonzalez v. Reno, 212 F.3d 1338, 1355 (11th Cir.2000) (internal quotes omitted)).

Respondent argues that the record does not compel the conclusion that Ruiz suffered past persecution when it indicates that the FARC beat him on two occasions, telephoned threats to him, and held him against his will for 18 days. We disagree.

We hold that the BIA erred when it found that the cumulative effect of the beatings, the threatening phone calls, and the kidnaping did not amount to persecution. The record compels the conclusion that these events cumulatively amount to past persecution, and that this persecution was on account of his political opinion. The record compels such a conclusion because the BIA and the respondent accepted Ruiz’s testimony as credible, as well as the corroborative evidence he filed, such as records documenting the medical treatment he received for injuries suffered during the kidnaping. Therefore, Ruiz has a rebuttable presumption that his life or freedom would be threatened upon removal to Colombia. [2]

An alien that has experienced past persecution may still be removable if the alien could avoid a future threat to his life or freedom by relocating to another part of the proposed country of removal, as long as it would be reasonable to expect him to do so. Mendoza v. U.S. Attorney Gen., 327 F.3d 1283, 1287 (11th Cir.2003) (citing 8 C.F.R. § 208.16(b)(l)(i)(B)).

[*767] The only information in the record indicates that relocation within Colombia was not a possibility. The U.S. Citizenship and Immigration Services report on the possibility of relocation within Colombia that appears within the record states that: “the FARC has a presence in virtually all of the nation’s 32 departments and urban centers and has a country-wide capability to harm ...” Based on the FARC’s far-reaching presence in Colombia, the report concludes that relocating within Colombia would not be sufficient to escape FARC persecution. Based on this record, we are compelled to find that the INS failed to establish by a preponderance of the evidence that Ruiz could reasonably relocate within Colombia. See Arboleda v. U.S. Att’y Gen., 434 F.3d 1220 (11th Cir.2006).

CONCLUSION

We hold that this Court does not have jurisdiction to review the BIA’s denial of Ruiz’s asylum application as untimely, but we grant in part Ruiz’s petition for reconsideration of his claim for withholding of removal. Therefore, we vacate the BIA’s order and remand for proceedings not inconsistent with this opinion.

PETITION DENIED IN PART AND GRANTED IN PART.

1

. This is a more stringent standard than the "well-founded fear of persecution" standard used with regard to applications for asylum. See Mazariegos v. Office of the U.S. Attorney General, 241 F.3d 1320, 1324, n. 2 (11th Cir.2001).

2

. Counsel for respondent concedes that if this kidnaping qualifies as persecution, Ruiz is entitled to relief. We have no difficulty in concluding that this kidnaping, coupled with the beatings before and during the kidnaping, and the threatening phone calls, cumulatively amount to persecution. We appreciate the candor of counsel.