Mosquera

Mosquera v. Gonzales

Good Law
131 F. App'x 600
United States Court of Appeals for the Ninth CircuitMay 16, 2005No. 04-70188California334 words

Opinion

Lead Opinion

MEMORANDUM ***

Julio Eduardo Caceres Mosquera, his wife and two children, natives and citizens of Colombia, petition for review of the Board of Immigration Appeals’ (“BIA”) summary affirmation of the immigration judge’s (“IJ”) denial of their application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 . We grant the petition for review in part, and deny in part.

We review the IJ’s decision for substantial evidence. Sangha v. INS, 103 F.3d 1482, 1487 (9th Cir.1997). Substantial evidence does not support the IJ’s finding that Caceres Mosquera does not have a well-founded fear of future persecution. See Vera-Valera v. INS, 147 F.3d 1036 , 1039 (9th Cir.1998). The record reflects that Caceres Mosquera has a well-founded fear of future persecution on account of his union activities because the record demonstrates that Colombian trade union leaders are being threatened and murdered at a significant rate by paramilitary and guerilla organizations, and Caceres Mosquera received numerous threats while serving as the president of his local union. See Hoxha v. Ashcroft, 319 F.3d 1179, 1182-83 (9th Cir.2003) (concluding that the unfulfilled threats received…

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