Mesina

Mesina v. Ashcroft

Good Law
83 F. App'x 250
United States Court of Appeals for the Ninth CircuitDecember 16, 2003No. 02-71857; Agency No. A70-960-432California407 words

Opinion

Lead Opinion

MEMORANDUM **

Marlone Cardenio Mesina, a native and citizen of the Philippines, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision summarily affirming the immigration judge’s (“IJ”) denial of his application for asylum and withholding of deportation. We have jurisdiction under 8 U.S.C. § 1105a(a). Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997). We review for substantial evidence factual determinations concerning a petitioner’s eligibility for asylum, and must uphold them unless the evidence compels a contrary result. INS v. Elias-Zacarias, 502 U.S. 478 , 481 & n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). We deny the petition.

Mesina testified that he received several threatening telephone calls from communists who called him a traitor because he refused to support their candidate- and warned him to “watch his back.” Mesina testified that he fears returning to the Philippines where communists are still active, though he also testified that his father remained politically active without harm from communists.

Substantial evidence supports the IJ’s conclusion that the threats do not, without more, rise to the level of persecution, see Lim v. INS, 224 F.3d…

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