Vergara

Vergara v. Immigration Naturalization & Services

Good Law
41 F. App'x 962
United States Court of Appeals for the Ninth CircuitJuly 24, 2002No. 01-71049; INS No. A70-638-146California576 words

Opinion

Lead Opinion

MEMORANDUM *

Ronaldo Sotto Vergara, a native and citizen of the Philippines, petitions for review of the BIA’s decision dismissing his applications for asylum and withholding of deportation. We have jurisdiction pursuant to 8 U.S.C. § 1105 (a), as amended by § 309(c)(4)(A) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Pub.L. 104-208, 110 Stat. 3009 (Sept. 30, 1996), and we deny the petition. Because the parties are familiar with the factual and procedural history of this case, we do not recount it here except as is necessary to explain our decision.

Vergara’s asylum claim fails because the government marshaled substantial evidence showing that Vergara could live safely in Manila, if not in his hometown of Cavite City. According to a report submitted by the State Department, the NPA’s 1 size, resources, and significance have declined dramatically in the twelve years since Vergara left for the United States. The group retains a meaningful presence in only 2% of the country-primarily on the southern island of Mindanao. Additionally, the record reflects that Vergara has never had any direct contact with the NPA, and that, as far as he knows, the NPA has…

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