Caiza

Caiza v. Ashcroft

Good Law
85 F. App'x 33
United States Court of Appeals for the Ninth CircuitDecember 18, 2003No. 03-70700California385 words

Opinion

Lead Opinion

MEMORANDUM **

Jesus Giovanni Caiza, a native and citizen of Colombia, petitions for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of an Immigration Judge’s (“IJ”) decision denying him asylum, withholding of removal, and protection under the Convention Against Torture. We have jurisdiction under 8 U.S.C. § 1252 . On petition for review, we determine whether substantial evidence supports the BIA’s determinations. See Lim v. INS, 224 F.3d 929, 933 (9th Cir.2000) (asylum and withholding); Zheng v. Ashcroft, 332 F.3d 1186, 1193 (9th Cir.2003) (Convention Against Torture). We deny the petition.

The evidence shows that after Caiza and a group of 300 men engaged in armed resistance of guerilla forces attempting to loot their village, the guerillas began threatening them for rebelling and allegedly providing the army with information. Soon thereafter, Caiza witnessed the guerillas execute two of his coworkers after accusing them of providing information to the army. Although Caiza did not es *35 tablish past persecution, the record compels the conclusion that Caiza has a well-founded fear of persecution on account of an imputed political opinion. See Lim, 224…

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