Evangelista

Evangelista v. Ashcroft

Good Law
81 F. App'x 695
United States Court of Appeals for the Ninth CircuitNovember 21, 2003No. 02-71775; Agency Nos. A75-253-654, A75-253-655California702 words

Opinion

Lead Opinion

MEMORANDUM *

Petitioners, Cenon Escalona Evangelista and Marrylene Evangelista, natives and citizens of the Philippines, seek review of a summary decision of the Board of Immigration Appeals’ (“BIA”) affirming the Immigration Judge’s (“IJ”) denial of their application for asylum and withholding of removal. 1 We have jurisdiction pursuant to 8 U.S.C. § 1252 .

The Evangelistas seek asylum because of their problems with the mayor of their Philippine home town, the Philippine police, and the New People’s Army (“NPA”). According to Mr. Evangelista, his problems with the mayor started when the mayor asked him to operate an illegal gambling house from which he could keep 60% of the profits and the mayor would keep the other 40%. Mr. Evangelista acceded to the mayor’s request because he thought the mayor would kill him if he refused. When Mr. Evangelista discovered that the mayor was using his portion of the illegal gambling proceeds for personal gain, he spoke out publicly against the mayor. The mayor became angry with Mr. Evangelista, threatened him, and allegedly had his bodyguards beat him. The NPA learned about Mr. Evangelista’s problems with the mayor and offered to protect him in…

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