Silaya

BACKGROUND

Rosalina is a native and citizen of the Philippines. She entered the United States in May of 1985 as a non-immigrant visitor. When she remained beyond the visa’s authorized stay, she was charged with and conceded removability. Subse- quently, Rosalina submitted an application for asylum, with- holding, and relief under CAT.

Rosalina was born in San Mateo Sur, Philippines. Her father Estaqiou was a World War II veteran who served under General Douglas McArthur. The people of San Mateo Sur knew he was a veteran because it was a small town, and he received a pension from the government.

While she was growing up, Rosalina heard stories about the New People’s Army (“NPA”). The NPA “is a violent, revolu- tionary Communist group which actively opposes the Philip- pine government” and “has a well-documented history of political violence.” Borja v. INS, 175 F.3d 732, 734 (9th Cir. 1999) (en banc). Rosalina was told that the NPA were “really violent and aggressive people and that there are many mem- bers in [her] town.”

Rosalina testified that NPA members came to her house often and asked for food and money. She said her father gave them what they asked for because he knew…