Gabasan

Gabasan v. Ashcroft

Good Law
103 F. App'x 213
United States Court of Appeals for the Ninth CircuitJune 28, 2004No. 03-70991; Agency No. A70-777-115California326 words

Opinion

Lead Opinion

MEMORANDUM **

Adonis Castelo Gabasan, a native and citizen of the Philippines, petitions pro se for review of the Board of Immigration Appeals’ order affirming without opinion the Immigration Judge’s (“IJ”) denial of his application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, Pedro-Mateo v. INS, 224 F.3d 1147, 1150 (9th Cir.2000), and we deny the petition for review.

Substantial evidence supports the IJ’s conclusion that the threats made to Gabasan did not constitute past persecution. See Lim v. INS, 224 F.3d 929, 936 (9th Cir.2000) (holding that unfulfilled threats generally do not constitute past persecution itself). Moreover, Gabasan failed to establish that the Communists requested money from his family on account of his political opinion. Cf. Borja v. INS, 175 F.3d 732, 736 (9th Cir.1999) (en banc) (holding that extortion motivated in part by political opinion could qualify as persecution).

Additionally, the IJ properly relied upon the State Department Country Profile to determine that conditions in Manila have changed such that Gabasan’s alleged fear of future persecution is not objectively…

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