Abastillas

Abastillas v. Ashcroft

Good Law
96 F. App'x 538
United States Court of Appeals for the Ninth CircuitMay 14, 2004No. 02-72699California447 words

Opinion

Lead Opinion

MEMORANDUM **

Felipe Mojica Abastillas and his wife Dyma Bactad Abastillas, natives and citizens of the Philippines, petition for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of an immigration judge’s (“IJ”) decision denying their application for asylum and withholding of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 , and we review the IJ’s decision as the final agency determination, see Falcon Carriche v. Ashcroft, 350 F.3d 845, 849 (9th Cir.2003). We review for substantial evidence and will reverse the IJ only if the petitioner shows that the evidence compels such a result. Cruz-Navarro v. INS, 232 F.3d 1024, 1028 (9th Cir.2000). We deny the petition.

The IJ’s decision was supported by substantial evidence because the harassment Mr. Abastillas allegedly received from the New People’s Army (“NPA”) was limited to a single unfulfilled threat, and does not compel a fact-finder to conclude that such treatment rose to the level of persecution. See Lim v. INS, 224 F.3d 929, 936 (9th Cir.2000) (holding that threats standing alone generally do not constitute past persecution). In addition, Petitioners offered no compelling evidence that the NPA’s…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.