Calimlim

Calimlim v. Ashcroft

Good Law
89 F. App'x 103
United States Court of Appeals for the Ninth CircuitFebruary 26, 2004No. 02-72214California468 words

Opinion

Lead Opinion

MEMORANDUM **

Crizaldy Calimlim and his family petition for review of the Board of Immigration Appeals’ (BIA) summary affirmance without opinion pursuant to 8 C.F.R. § 3.1 (a)(7)(iii) (2002) of an Immigration Judge’s (IJ) denial of their applications for asylum and withholding of deportation. Mr. Calimlim, the lead petitioner, is a native and citizen of the Philippines. The claims of Mr. Calimlim’s wife and daughter are derivative of his application. Mr. Calimlim also appeals the IJ’s denial of his request for voluntary departure. Because the BIA did not perform an independent review, we review the IJ’s decision. See Falcon Carriche v. Ashcroft, 350 F.3d 845, 855 (9th Cir.2003).

The IJ’s adverse credibility determination regarding Mr. Calimlim’s claims of ignorance with respect to the involvement of the New People’s Army (NPA) in killings, kidnapings, and other criminal ac *105 tivity was based on specific and cogent reasons: Mr. Calimlim’s conflicting testimony about his knowledge of NPA killings when he joined the group in 1993, and the implausibility of his contention that, throughout his three years with the NPA, he had neither knowledge nor suspicion of NPA killings despite…

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