Acevedo

Acevedo v. Ashcroft

Good Law
104 F. App'x 97
United States Court of Appeals for the Ninth CircuitJuly 21, 2004No. 03-70172California504 words

Opinion

Lead Opinion

MEMORANDUM **

Francisco Luis Acevedo, a native and citizen of Colombia, petitions for review of the Board of Immigration Appeals’ (“BIA”) denial of his application for asylum and withholding of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for substantial evidence the BIA’s denial of an application for asylum on the ground that the alien has not established eligibility, see Mezar-Manay v. INS, 139 F.3d 759, 762 (9th Cir.1998), and we deny the petition for review.

An applicant may qualify for asylum by showing either past persecution or a well-founded fear of future persecution. 8 C.F.R. § 208.13 (b). The application may be denied, however, if it is shown that “[t]he applicant could avoid future persecu *98 tion by relocating to another part of the applicant’s country of nationality ... and under all circumstances, it would be reasonable to expect the applicant to do so.” 8 C.F.R. § 208.13 (b)(l)(i)(B). When past persecution has been found, as the BIA presumed in this case, the government has the burden to show that it would be reasonable for the applicant to relocate within the country. See 8 C.F.R. § 208.13 (b) (1) (ii); Cardenas v. INS, 294 F.3d 1062,…

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.