Araneta

Araneta v. Ashcroft

Good Law
104 F. App'x 109
United States Court of Appeals for the Ninth CircuitJuly 21, 2004No. 03-71247California465 words

Opinion

Lead Opinion

MEMORANDUM ***

Husband and wife Tito Ledesma Arane-ta and Ma Merla Cantones Araneta, and their children Ma Melissa Anna Cantones Araneta and Nina Andrea Cantones Ar-aneta, natives and citizens of the Philippines, petition for review of a decision of the Board of Immigration Appeals (“BIA”) dismissing an appeal from an immigration judge’s (“IJ”) denial of their applications for asylum and withholding of deportation, and denying a motion to remand to apply for relief under the Convention Against Torture (“CAT”). Because the transitional rules apply, Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997), we have jurisdiction pursuant to 8 U.S.C. § 1105a(a). We grant in part and deny in part the petition for review.

To the extent petitioners base their claims for relief on events which took place in the 1980’s, substantial evidence supports the IJ’s determination that petitioners’ current fear of future persecution is not well-founded in light of the fact that petitioners went unharmed for almost nine years after they relocated to another part of the Philippines. See Melkonian v. Ashcroft, 320 F.3d 1061, 1069 (9th Cir.2003) (explaining that plausible internal relocation may be considered…

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