Belayneh

Belayneh v. Immigration & Naturalization Service

Good Law
2000 Daily Journal DAR 5405·213 F.3d 488·2000 WL 665128·2000 Cal. Daily Op. Serv. 4027·2000 U.S. App. LEXIS 11400
United States Court of Appeals for the Ninth CircuitMay 23, 2000No. 98-70941California1,538 words

Opinion

Lead Opinion

Thomas, J.

In this petition for review, we must determine the extent to which a former spouse’s political views may be considered imputed to a petitioner. Under the circumstances presented by this case, we conclude that substantial evidence supports the Board of Immigration Appeals’ (“BIA”) decision affirming the denial of eligibility for asylum.

I

Tsehay Belayneh, a native and citizen of Ethiopia, married Bekele Ibsa in 1967. They have four children, including petitioner Esey Bekele, whose claim derives from his mother’s. Bekele Ibsa was a colonel' under "the government of Haile Selassie until it was overthrown in 1974. In 1975, thé new'communist government of Mengistu Haile Mariam imprisoned Colonel Bekele for a year because of his involvement with the army under the previous regime, then forcibly retired him from service. In 1981, howéver, the Mengistu regime forcefully recalled Colonel Bekele into the army to help put down a rebellion, and later to work for internal security forcés. Belayneh urged him to quit the military and leave the country, but he argued that service in the military was the only means of supporting the family. Because of this “difference in political opinion,” as…

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