Tiu

Tiu v. Gonzales

Good Law
154 F. App'x 26
United States Court of Appeals for the Ninth CircuitNovember 14, 2005No. 04-73588California396 words

Opinion

Lead Opinion

MEMORANDUM **

Noel Agosto Tiu and Mercedita Manzanares Tiu, natives and citizens of the Philippines, petition for review of the summary affirmance by the Board of Immigration Appeals (“BIA”) of the Immigration Judge’s (“IJ”) denial of their claims for asylum, withholding of removal, relief under the Convention Against Torture (“CAT”), and cancellation of removal. We have jurisdiction pursuant to 8 U.S.C. *28 § 1252 . Because the BIA affirmed the decision of the IJ without opinion, we review the fact findings of the IJ for substantial evidence. See Gormley v. Ashcroft, 364 F.3d 1172, 1176 (9th Cir.2004). We deny the petition for review.

The Tius contend they fear that if they return to the Philippines, Mr. Tiu will be kidnaped because of his Chinese ethnicity. Substantial evidence supports the IJ’s conclusion that the Tius failed to demonstrate a well-founded fear of future persecution on account of a protected ground. See Al-Harbi v. INS, 242 F.3d 882, 888 (9th Cir.2001). The IJ reasonably concluded that the motive of the kidnapers is not ethnicity, but to obtain money. People other than Filipino-Chinese have been kidnaped, including Americans, Japanese, and Europeans.…

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