Esther Josephine Bunuan Agbuya v. Immigration and Naturalization Service (2001)

The majority overlooks that when we determine whether an applicant has been persecuted because of an imputed political opinion, our inquiry “‘turns 8 away from the views of the victim to the views of the persecutor[,]’” and we consider “‘the political views the persecutor rightly or in error attributes to his victims.’” Agbuya v. INS, 241 F.3d 1224, 1229 (9th Cir. 2001) (quoting Sangha, 103 F.3d at 1487) (emphasis added).

“The objective component of this test requires showing, by credible, direct, and specific evidence in the record, that persecution is a reasonable possibility.” Agbuya v. INS, 241 F.3d 1224, 1228 (9th Cir.2001) (citation and internal quotation marks omitted).

One way in which he may satisfy the objective component is to demonstrate past persecution, which triggers a rebuttable presumption of a well-founded fear of future persecution. 8 C.F.R. § 208.13 (b)(l)(i); Agbuya v. INS, 241 F.3d 1224, 1228 (9th Cir.2001).

See 8 C.F.R. § 208.13 (b)(1); Agbuya v. INS, 241 F.3d 1224, 1228 (9th Cir.2001).

An applicant subject to extortion can still establish nexus to an imputed political opinion when their “refusal to accede to extortion in a political system founded on extortion result[s] in [their] classification and treatment as a subversive.” Agbuya v. INS, 241 F.3d 1224, 1229 (9th Cir. 2001) (citation omitted).

Further, Petitioners have not provided any “credible, direct, and specific evidence in the record, that persecution is a reasonable possibility.” Agbuya v. I.N.S., 241 F.3d 1224, 1228 (9th Cir. 2001) (cleaned up).

See, e.g., Zavala-Bonilla v. INS, 730 F.2d 562, 563 (9th Cir.1984) (acknowledging the political nature of a textile worker’s participation in her union’s activities, including a nationwide strike); Prasad v. INS, 101 F.3d 614, 617 (9th Cir.1996) (concluding that petitioner was persecuted because of his advocacy for the workplace rights of Fijians of Indian descent and his role as a delegate in the ousted Labour Party); Agbuya v. INS, 241 F.3d 1224, 1229 (9th Cir.2001) (holdi…

Rather, Tsedendamba testified that bribery is widespread in Mongolia; Petitioners’ problems with bribe- seekers were caused by the growth of their business; and bribe-seeking officials “were acting for their own personal benefit, using their government positions to gain money and goods.” In sum, the record does not compel a finding that Petitioners’ refusal to pay bribes constituted “refusal to accede to extortion in a political system founded on extortion.” Agbuya v. INS, 2…

Cf. Agbuya v. INS, 241 F.3d 1224, 1230 (9th Cir.2001) (evidence compelled finding of past persecution where petitioner was abducted, imprisoned, hit, threatened with a gun, and told she would be tried for her political opinion); Guo v. Ashcroft, 361 F.3d 1194, 1203 (9th Cir.2004) (evidence compelled finding of past persecution where petitioner was arrested, detained twice, physically abused, and forced to renounce religion).

Consistent with our reasoning in Zhang, we conclude that the evidence in the present case compels a finding that the treatment Zhou faces if returned to Ghina rises to the level of “persecution.” S. On Account of Imputed Political Opinion As the final step in establishing her asylum claim, Zhou must prove that her persecution would be on account of an imputed political opinion. “[0]ur analysis focuses on how the persecutor perceive[s] *869 the applicant’s actions and allegia…

On Account of Imputed Political Opinion As the final step in establishing her asylum claim, Zhou must prove that her persecution would be on account of an imputed political opinion. “[O]ur analysis focuses on how the persecutor perceive[s] the applicant’s actions and allegiances, and what [will] motivate[ ] their abuse.” Agbuya v. INS, 241 F.3d 1224, 1229 (9th Cir. 2001). [13] The evidence shows that the Chinese government per- ceives Zhou’s actions as a threat to its politi…

Agbuya v. INS, 241 F.3d 1224, 1231 (9th Cir.2001); Kataria v. INS, 232 F.3d 1107, 1115 (9th Cir.2000).

Agbuya v. INS, 241 F.3d 1224, 1231 (9th Cir. 2001); Kataria v. INS, 232 F.3d 1107, 1115 (9th Cir. 2000).

See, e.g., Qu v. Gonzales, 399 F.3d 1195, 1203 (9th Cir.2005); Agbuya v. INS, 241 F.3d 1224, 1231 (9th Cir.2001) (as amended).

See, e.g., Qu v. Gonzales, 399 F.3d 1195, 1203 (9th Cir. 2005); Agbuya v. INS, 241 F.3d 1224, 1231 (9th Cir. 2001) (as amended).

“The objective component of this test requires showing, by credi- ble, direct, and specific evidence in the record, that persecu- tion is a reasonable possibility.” Agbuya v. INS, 241 F.3d 1224, 1228 (9th Cir. 2001) (citation and internal quotation marks omitted).

Agbuya v. INS, 241 F.3d 1224, 1229-30 (9th Cir.2001); Borja, 175 F.3d at 736-37 ; Gonzales-Neyra v. INS, 122 F.3d 1293, 1296 (9th Cir.1997), amended by 133 F.3d 726 .

The record does not establish, much less compel, the conclusion that Maulino expressed political opposition to the NPA, and was persecuted for that expressed opinion, cf. Borja v. INS, 175 F.3d 732, 736 (9th Cir.1999) (en banc), or that the NPA imputed a political opinion to Maulino, cf. Agbuya v. INS, 241 F.3d 1224, 1229-30 (9th Cir.2001).

“The objective component of this test requires showing, by credible, direct, and specific evidence in the record, that persecution is a reasonable possibility.” Agbuya v. INS, 241 F.3d 1224, 1228 (9th Cir.2001) (citation and internal quotation marks omitted).

Agbuya v. INS, 241 F.3d 1224, 1229 (9th Cir.2001).

Proof of past persecution 1 will trigger a rebuttable presumption of a well-founded fear of future persecution. 8 C.F.R. § 208.13 (b)(l)(i); Agbuya v. INS, 241 F.3d 1224, 1228 (9th Cir.2001); see also Navas, 217 F.3d at 657 .

Agbuya v. INS, 241 F.3d 1224, 1229 (9th Cir.2001).

See Agbuya v. INS, 241 F.3d 1224, 1230 (9th Cir.2001); Desir v. Ilchert, 840 F.2d 723, 727 (9th Cir.1988).

See, e.g., Agbuya v. INS, 241 F.3d 1224, 1229 (9th Cir.2001).

See Agbuya v. INS, 241 F.3d 1224, 1230 (9th Cir.2001); Desir v. Ilchert, 840 F.2d 723, 727 (9th Cir.1988).

See Agbuya v. INS, 241 F.3d 1224, 1228-29 (9th Cir. 2001).

See id.; Gonzales-Neyra v. INS, 122 F.3d 1293, 1296 (9th Cir.1997) (agency’s reliance on the Shining Path’s economic motivation for extortion threats was misplaced, because the Shining Path made it clear that petitioner’s political opinions motivated their hostility and threats); see also Agbuya v. INS, 241 F.3d 1224, 1229-30 (9th Cir.2001) (reversing no nexus finding, where petitioner was singled out by the guerillas for her unpopular actions terminating mining employees, s…

See, e.g., Agbuya v. INS, 241 F.3d 1224, 1229 (9th Cir.2001) (“[O]ur analysis focuses on how the persecutor perceived the applicant’s actions and allegiances, and what motivated their abuse.”).

See Agbuya v. INS, 241 F.3d 1224, 1229 (9th Cir.2001).

See Agbuya v. INS, 241 F.3d 1224, 1230-31 (9th Cir.2001).

See, e.g., Agbuya v. INS, 241 F.3d 1224, 1231 (9th Cir. 2001); Kataria v. INS, 232 F.3d 1107, 1115 (9th Cir.2000).

See, e.g., Agbuya v. INS, 241 F.3d 1224, 1231 (9th Cir. 2001); Kataria v. INS, 232 F.3d 1107, 1115 (9th Cir. 2000).

Borja v. INS, 175 F.3d 732, 736 (9th Cir.1999) (en banc); see also Agbuya v. INS, 241 F.3d 1224, 1228 (9th Cir.2001).

Compare Boyarintsev v. Ashcroft, No. 02-4213, 2004 WL 627009 at *3 (7th Cir. Mar.25, 2004) (unpublished) (denying asylum where an applicant failed to show that extortionate demands were on account of "political beliefs, rather the prospect of personal economic gain"), and Orobio v. Ashcroft, No. 02-2841, 2003 WL 21853240 at *2 (3d Cir. July 24, 2003) (denying asylum where a Philippino businessman failed to show that extortionate demands and threats of retaliation from an ins…

Compare Boyarintsev v. Ashcroft, No. 02-4213, 2004 WL 627009 at *3 (7th Cir. Mar.25, 2004) (unpublished) (denying asylum where an applicant failed to show that extortionate demands were on account of "political beliefs, rather the prospect of personal economic gain”), and Orobio v. Ashcroft, No. 02-2841, 2003 WL 21853240 at *2 (3d Cir. July 24, 2003) (denying asylum where a Philippino businessman failed to show that extortionate demands and threats of retaliation from an ins…

That is, the conclusion that a cause of persecution is economic does not necessarily imply that there cannot exist other causes of the persecution.”); see also Agbuya v. INS, 241 F.3d 1224, 1229-30 (9th Cir.2001).

See Agbuya v. INS, 241 F.3d 1224, 1229-30 (9th Cir.2001); Yazitchian v. INS, 207 F.3d 1164, 1168 (9th Cir.2000); Desir v. Ilchert, 840 F.2d 723, 727-28 (9th Cir. 1988).

See Agbuya v. INS, 241 F.3d 1224, 1228 (9th Cir.2001); Singh v. Ilchert, 63 F.3d 1501, 1509 (9th Cir.1995).

See Agbuya v. INS, 241 F.3d 1224, 1228 (9th Cir.2001) (an alien can satisfy the objective component by demonstrating past persecution, which triggers a rebuttable presumption of a well-founded fear of future persecution). 4 Although a reasonable fact-finder could have found these incidences sufficient to establish past persecution and perhaps a well-founded fear of future persecution based on a protected ground, we believe that a factfinder would not be compelled to do so.

See Agbuya v. INS, 241 F.3d 1224, 1229 (9th Cir.2001).

See Agbuya v. INS, 241 F.3d 1224, 1228-29 (9th Cir.2001).