Rios

Rios v. Ashcroft

Good Law
90 F. App'x 976
United States Court of Appeals for the Ninth CircuitFebruary 23, 2004No. 02-72815California290 words

Opinion

Lead Opinion

MEMORANDUM **

Andres Camacho Rios, a native and citizen of Peru, petitions for review of the decision of the Board of Immigration Appeals (“BIA”) summarily affirming an Immigration Judge’s (“U”) denial of his application for asylum and withholding of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review the denial of asylum for substantial evidence, Lata v. INS, 204 F.3d 1241, 1245 (9th Cir.2000), and we deny the petition for review.

The IJ improperly concluded that Rios was not credible because although Rios’ asylum application did not specify that he received threats asking him to collaborate in a scheme to misappropriate chemicals, the application stated that he was directly threatened. See Bandari v. INS, 227 F.3d 1160, 1167 (9th Cir.2000).

Substantial evidence, however, supports the IJ’s determination that the two or three anonymous threats against Rios were, without more, insufficient to demonstrate past persecution. See Lim v. INS, 224 F.3d 929, 936 (9th Cir.2000). Substantial evidence also supports the IJ’s determination that Rios’ fear- of future persecution was based on his position as a stevedore, which gave him access to ships carrying chemicals, and…

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