Mateo-Pedro

Mateo-Pedro v. Ashcroft

Good Law
94 F. App'x 460
United States Court of Appeals for the Ninth CircuitMarch 16, 2004No. 02-71807; Agency No. A72-997-966California373 words

Opinion

Lead Opinion

*461 MEMORANDUM *

David Domingo Mateo-Pedro (Mateo), a native and citizen of Guatemala, petitions for review of the order of the Board of Immigration Appeals (the Board) summarily affirming the immigration judge’s (IJ) denial of asylum and withholding of removal. We remand to the Board for it to exercise its discretion.

Substantial evidence supports the IJ’s finding that Mateo was enslaved by the guerrillas not on account of any political opinion but in order to augment their supply of labor. Substantial evidence also supports the IJ’s finding that Mateo has little risk of future persecution if he returns to Guatemala because, although violence may mark the country, the government and the guerrillas have agreed to accords of peace. See Gonzalez-Hernandez v. Ashcroft, 336 F.3d 995, 998-99 (9th Cir .2003).

Nonetheless, the IJ did not address one aspect of Mateo’s case, viz. that the severe persecution suffered by his family may have been such that he qualifies for a humanitarian grant of asylum in accordance with the leading case of Matter of Chen, 20 I. & N. Dec. 16 (BIA 1989) (quoting paragraph 136 of the UNHCR Handbook, which recognizes that “a person who-or whose family-has…

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