Padilla Maulino v. Ashcroft

Good Law
108 F. App'x 467
United States Court of Appeals for the Ninth CircuitAugust 20, 2004No. 03-71611California319 words

Opinion

Lead Opinion

MEMORANDUM **

Faustino Padilla Maulino, his wife, Marilou Soto Maulino, and their children, Jeffrey, Jennifer and Jackielou Maulino, petition for review of the Board of Immigration Appeals’ summary affirmance of an Immigration Judge’s (“IJ”) decision denying their applications for asylum, and withholding of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 . When the BIA affirms without an opinion, we review the IJ’s decision directly. See Falcon Carriche v. Ashcroft, 350 F.3d 845, 849 (9th Cir.2003). We review for substantial evidence the IJ’s denial of eligibility for asylum and withholding of removal. See Taha v. Ashcroft, 362 F.3d 623, 626 (9th Cir.2004). We deny the petition for review.

Maulino failed to establish that the New People’s Army (“NPA”) was motivated by one of the statutory grounds. The record does not establish, much less compel, the conclusion that Maulino expressed political opposition to the NPA, and was persecuted for that expressed opinion, cf. Borja v. INS, 175 F.3d 732, 736 (9th Cir.1999) (en banc), or that the NPA imputed a political opinion to Maulino, cf. Agbuya v. INS, 241 F.3d 1224, 1229-30 (9th Cir.2001).

Because Maulino does not satisfy…

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