Garcia-Chacon
Garcia-Chacon v. Ashcroft
Opinion
Lead Opinion
MEMORANDUM **
Cecilia Elizabeth Garcia-Chacon (“Garcia”) seeks review of the denial of her applications for asylum and withholding of removal. She contends that the Board of Immigration Appeals (“BIA”) erred by finding that she could avoid future persecution in her native country by locating away from her persecutors. We deny the petition for review.
DISCUSSION
Garcia established that she suffered political persecution in her native country, Guatemala, thereby creating a “presumption of a well-founded fear of future persecution.” See Cordon-Garcia v. INS, 204 F.3d 985, 990 (9th Cir.2000). The BIA found, however, that Garcia’s fear was not well-founded because “the evidence establishes that she could avoid future persecution by relocating within Guatemala.”
There is no question that asylum and withholding of removal may be denied when there is “evidence that a person could safely move elsewhere in their home-country.” See id. at 991 . Where past persecution has been demonstrated, however, “the burden is placed on the INS to show that it would be reasonable for [the applicant] to relocate within the country.” Cardenas v. INS, 294 F.3d 1062, 1066 (9th Cir.2002).