Ortiz-Alvarado

Ortiz-Alvarado v. Mukasey

Good Law
301 F. App'x 670
United States Court of Appeals for the Ninth CircuitNovember 24, 2008No. 06-70917California842 words

Opinion

lead Opinion

MEMORANDUM *

Juan Ortiz-Alvarado, a native and citizen of Guatemala, petitions for review of *671 the Board of Immigration Appeal’s (BIA) order adopting and affirming the Immigration Judge’s (IJ) decision denying his request for withholding of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We grant the petition for review.

An applicant bears a greater burden in proving eligibility for withholding of removal than for asylum on the basis of a future threat. Compare 8 C.F.R. § 1208.13 (b)(2) with 8 C.F.R. § 1208.16 (b)(2). See also Ahmed v. Keisler, 504 F.3d 1183, 1199 (9th Cir.2007).

The standard for proving past persecution, however, is the same for withholding of removal and asylum purposes. Compare 8 C.F.R. § 1208.13 (b)(1) with 8 C.F.R. § 1208.16 (b)(1). See also Ahmed, 504 F.3d at 1199-1200 (holding that a showing of past persecution entitled applicant to a presumption of future persecution on the same grounds for both asylum and withholding of removal purposes). Accord Smolniakova v. Gonzales, 422 F.3d 1037, 1054 (9th Cir.2005); Boer-Sedano v. Gonzales, 418 F.3d 1082, 1092 (9th Cir.2005); Nuru v. Gonzales, 404 F.3d 1207, 1229 (9th Cir.2005); Ali v. Ashcroft,…

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