Diaz

Diaz v. Immigration & Naturalization Service

Good Law
56 F. App'x 341
United States Court of Appeals for the Ninth CircuitFebruary 13, 2003No. 02-70221; I & NS No. A70-081-152California297 words

Opinion

Lead Opinion

MEMORANDUM **

Petitioner Catalina Buac Diaz petitions for review of the Board of Immigration Appeals’ (“BIA”) dismissal of her appeal from the Immigration Judge’s denial of her petition for asylum and withholding of deportation. We do not recite the facts here as they are known to the parties.

This case falls under the transitional rules of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. 8 U.S.C. § 1105a(a). When the BIA conducts its own review of the record, as here, this court reviews the BIA’s decision rather than the Immigration Judge’s, except to the extent that the BIA explicitly adopts the Immigration Judge’s ruling. Cordon-Garcia v. INS, 204 F.3d 985, 990 (9th Cir.2000). This court upholds the decision of the BIA if it is “ ‘supported by reasonable, substantial, and probative evidence on the record considered as a whole.’ ” INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992) (quoting 8 U.S.C. § 1105a(a)(4)).

In this case, Petitioner was threatened in 1982 by the NPA and the Laban party. However, as the BIA noted, she moved to Quezon City and did not experience further trouble from this group. Petitioner claimed that…

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