Ortiz-Raygoza

Ortiz-Raygoza v. Ashcroft

Good Law
103 F. App'x 251
United States Court of Appeals for the Ninth CircuitJuly 2, 2004No. 02-72955; Agency No. A72-681-220California327 words

Opinion

Lead Opinion

MEMORANDUM ***

Substantial evidence supports the IJ’s determination that Ortiz-Raygoza did not bear his burden of demonstrating eligibility for asylum — that he was unable or unwilling to return to Mexico “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.” Melkonian v. Ashcroft, 320 F.3d 1061, 1064 (9th Cir. 2003) (quoting 8 U.S.C. § 1101 (a)(42)(A)).

Ortiz-Raygoza testified that his father was severely beaten by Judicial Police in 1983 for transporting a number of individuals to a PAN political rally. Ortiz-Raygoza claimed that his father eventually died from these injuries, and that his mother lodged a formal complaint against the police, which was somewhat successful because several officers were forced to relocate. Years later, however, the officers allegedly returned to the town and harassed Ortiz-Raygoza’s family regarding the complaint. Ortiz-Raygoza testified that he was severely beaten on one occasion, requiring several stitches to his head, and leading to his decision to leave the country.

The IJ concluded that, based on inconsistencies in…

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.