Catimbang

Catimbang v. Ashcroft

Good Law
98 F. App'x 701
United States Court of Appeals for the Ninth CircuitMay 28, 2004No. 03-71957California619 words

Opinion

Lead Opinion

MEMORANDUM *

Edgardo Catimbang is a native and citizen of the Philippines. At his removal hearing, he conceded removability but contended that if he were to return to the Philippines, he would be persecuted by the New People’s Army (“NPA”). The Board of Immigration Appeals (“BIA”) held that Catimbang is ineligible for either asylum or withholding of removal. We deny the petition for review.

An alien may be granted asylum in the discretion of the Attorney General “if the Attorney General determines that such alien is a refugee within the meaning of section 1101(a)(42)(A).” 8 U.S.C. § 1158 (b)(1). A refugee is a person who is unwilling to return to her country because “of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.” 8 U.S.C. § 1101 (a)(42)(A). The Attorney General must withhold removal if it is more likely than not that the alien would be subject to persecution on account of one of these five factors. See 8 U.S.C. § 1231 (b)(3); INS v. Stevie, 467 U.S. 407, 424 , 104 S.Ct. 2489 , 81 L.Ed.2d 321 (1984). Catimbang must establish that the evidence compels the conclusion…

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