Correas-Orellano

Correas-Orellano v. Immigration & Naturalization Service

Good Law
35 F. App'x 613
United States Court of Appeals for the Ninth CircuitMay 24, 2002No. 00-71008; BIA No. A28-718-426California561 words

Opinion

Lead Opinion

MEMORANDUM *

Jose Baltazar Correas-Orellano (“Correas-Orellano”) petitions for review the Board of Immigration Appeal’s (“BIA”) denial of his application for asylum and withholding of deportation. 1 We grant the petition for review and remand. Because the facts are familiar to the parties, we recount them only as necessary to explain our decision.

The BIA determined that Correas-Orellano did not demonstrate past persecution or a well-founded fear of persecution, because the incidents forming the basis for *614 his asylum claim were not of a level of harm amounting to persecution. The BIA did not address whether the incidents occurred on account of Correas-Orellano’s actual or imputed political opinion.

1. We review for substantial evidence the BIA’s determination that the incidents did not rise to the level of persecution and affirm unless the evidence “would compel any reasonable factfinder to reach a contrary result.” Ladha v. INS, 215 F.3d 889, 896 (9th Cir.2000) (citations omitted); see also INS v. Elias-Zacarias, 502 U.S. 478, 483-84 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992).

El Salvador’s National Police jailed and beat Correas-Orellano on two separate occasions. The…

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