Roxas

Roxas v. Ashcroft

Good Law
81 F. App'x 642
United States Court of Appeals for the Ninth CircuitNovember 17, 2003No. 02-72799; Agency No. A70-015-524California846 words

Opinion

Lead Opinion

MEMORANDUM ***

Carmen Roxas, a native and citizen of the Philippines, petitions for review of an order of the Board of Immigration Appeals (BIA) upholding an Immigration Judge’s (IJ) denial of her request for asylum and withholding of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for substantial evidence and will reverse the BIA’s determination only if the Petitioner shows the evidence compels such a result. See Cruz-Navarro v. INS, 232 F.3d 1024, 1028 (9th Cir.2000). We deny the Petition.

Because the parties are familiar with the factual and procedural history of this case, we will not recount it except as necessary to explain our decision.

We assume Roxas’s testimony was credible because neither the BIA nor the IJ *644 made an adverse credibility finding. See Katana v. INS, 232 F.3d 1107, 1113-14 (9th Cir.2000).

Roxas first argues the BIA erred when it determined Roxas did not establish that she had suffered past persecution. Roxas points out “two attempts on her life were made,” and she “continues to receive death threats” from the New People’s Army (NPA).

This Court has defined persecution as an “extreme concept” that includes the “infliction of…

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