Urrutia-Madura

Urrutia-Madura v. Immigration & Naturalization Service

Good Law
22 F. App'x 740
United States Court of Appeals for the Ninth CircuitNovember 2, 2001No. 00-70387; I & NS Nos. A29-241-248 A29-241-249 A29-241-250 A29241-251 A29-241-252California395 words

Opinion

Lead Opinion

MEMORANDUM *

The evidence submitted by the Petitioners does not rise to the level necessary to compel a finding of persecution by any rational fact-finder. INS v. Elias-Zacarias, 502 U.S. 478, 483-84 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). The BIA con- *741 eluded that the petitioners failed to present evidence sufficient to establish, without doubt, that they experienced past persecution. Given our standard of review, we are not free to overturn that conclusion. While certainly unpleasant, the Urrutia family’s experience was not one of physical assault; moreover, their property was never destroyed nor were their business licenses revoked. The threatening phone calls made in this case do not, standing alone, present evidence that compels a finding of past persecution.

The Urrutias also failed to substantiate a fear of future persecution. Their membership in the “Civilian Crusade,” an organization opposed to Panama’s military government, is, standing alone, insufficient to demonstrate an objective basis for fear of persecution. General Noriega is now in prison for his drug crimes and his supporters no longer wield power in Panama; indeed, members of the Civilian Crusade now…

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