Torres-Ariza

Torres-Ariza v. Gonzales

Good Law
150 F. App'x 599
United States Court of Appeals for the Ninth CircuitSeptember 15, 2005No. 02-73535; Agency No. A77-831-299California547 words

Opinion

Lead Opinion

MEMORANDUM **

Fernando Torres-Ariza, a native and citizen of Colombia, petitions for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of an immigration judge’s (“IJ”) denial of his application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the IJ’s factual findings. Lim v. INS, 224 F.3d 929, 933 (9th Cir.2000). We grant in part and deny in part the petition for review, and remand for further proceedings.

The IJ’s finding of no past persecution is supported by substantial evidence, but his finding that Torres-Ariza has no well-founded fear of future persecution is not. See id. at 935-36 (holding threats did not establish past persecution, but did, in context, establish well-founded fear of future persecution). Torres-Ariza’s evidence regarding death threats and a confrontation with his wife, in combination with declarations about the likelihood that drug traffickers in Colombia will execute threats against perceived informants, compels the finding that Torres-Ariza has a well-founded fear of future persecution. See Marcos v. Gonzales, 410 F.3d 1112, 1119 (9th Cir.2005) (holding informant…

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