Antonio Flor Chanco Maria Ofelia San Miguel Chanco v. Immigration and Naturalization Service

Antonio Flor Chanco (“Chanco”) and Maria Ofelia San Miguel Chanco, natives and citizens of the Philippines, petition for review of an Order of the Board of Immigration Appeals (BIA), which affirmed the Immigration Judge’s (IJ) denial of the Chancos’ request for asylum and withholding of deportation under 8 U.S.C. § 1158 (a) and 1253(h). Chanco argues the BIA abused its discretion by determining that his fear of prosecution by the Philippine government for his participation in a coup d’etat is not a well founded fear of persecution for his political opinion. He also contends he will be subjected to disproportionate punishment because of his family’s friendship with the Marcos family, and that his nine-year service in the military renders him particularly subject to persecution by rebel forces in the Philippines.

We have jurisdiction under 8 U.S.C. § 1105a(a). We deny review because what Chanco faces is not persecution but prosecution for his crime against the Philippine government, a crime for which he has not shown his punishment will be disproportionate. We also conclude that because Chanco has failed to show that he would be singled out for retribution by the rebels, his fear…