Escardo-Nacianceno

Escardo-Nacianceno v. Immigration & Naturalization Service

Good Law
59 F. App'x 193
United States Court of Appeals for the Ninth CircuitFebruary 11, 2003No. 01-71586; INS No. A72-676-330California379 words

Opinion

Lead Opinion

MEMORANDUM *

Petitioner Martin Escardo-Nacianceno (“Escardo”), a Philippines citizen, seeks review of the denial of his applications for asylum and withholding of deportation. He contends that the Board of Immigration Appeals (“BIA”) erred by finding that internal relocation within the Philippines was a reasonable way to avoid future persecution. We have jurisdiction under 8 U.S.C. § 1105a(a), and we deny the petition for review.

Escardo argues that he is entitled to asylum and withholding of deportation because he has a well-founded fear of persecution from the New People’s Army (“NPA”), a communist guerrilla organization operating in the Philippines. The BIA found that internal relocation was reasonable for Escardo and that he had failed to carry his burden of proof in demonstrating that a reasonable person in his circumstances would fear persecution.

*194 Because the facts are known to the parties, we do not recite them here.

Even if we were to find that Escardo suffered past persecution, entitling him to the rebuttable presumption of future persecution, we hold that his fear of future persecution is not well founded because the INS has carried its burden by proving by a…

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