Briones

Tomas Briones, a professional artist from the Philippines, asks us to grant his petition for review of a decision by the Board of Immigration Appeals (“BIA”) denying his request for political asylum and withholding of deportation under sections 208(a) and 243(h) of the Immigration and Nationality Act, 8 U.S.C. §§ 1158 (a), 1253(h) (1982 & Supp.1998). He claims the evidence he presented to an Immigration Judge (“IJ”) compels the conclusion that he has a well-founded fear of being persecuted in the Philippines by the New Peoples Army (“NPA”) should he be required to return, and that he has carried his burden of demonstrating that he is a refugee within the meaning of INA § 101(a)(42)(A); 8 U.S.C. § 1101 (a)(42)(A).

After reviewing the entire administrative record, we conclude that if one accepts at face value the gist of his testimony, Briones has indeed made a compelling case that he faces future persecution on account of his past activities as a government informer against the NPA. However, the IJ hearing his case made a specific finding that his story was “neither reliable nor credible.” The Board hearing his appeal took note of this important credibility finding, which Briones…

dissenting:

Of course the majority is correct in concluding that the discrepancies in Briones’s testimony suggest that his story is incredible; the immigration judge so found. The problem is that the purported facts in the record, if taken to be true, do not compel the conclusion that Briones was persecuted on account of political opinion. Therefore, we need not reach the issue of credibility, remand is unnecessary and, for these reasons, I must respectfully dissent.

Let us recall the standards established by the Supreme Court in INS v. Elias-Zacarias, 502 U.S. 478 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). First, our review of BIA decisions is highly deferential; we may reverse only if the evidence “was so compelling that no reasonable factfinder could fail to find the requisite fear of persecution.” Id. at 483^484, 112 S.Ct. 812 (emphasis added). Second, to be statutorily eligible for asylum, Briones must demonstrate a well-founded fear of future persecution “on account of race, religion, nationality, membership in a particular social group, or political opinion.” 8 U.S.C. § 1101 (a)(42). The words “on account of’ require an inquiry into the persecutor’s motives, and the…