Orobio

Orobio v. Holder

Good Law
322 F. App'x 538
United States Court of Appeals for the Ninth CircuitApril 17, 2009No. 06-75362California427 words

Opinion

Lead Opinion

MEMORANDUM **

Orlando Castillo Orobio, a native and citizen of the Philippines, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, Lata v. INS, 204 F.3d 1241, 1244 (9th Cir.2000), and we reverse only if the evidence compels a contrary conclusion, INS v. Elias-Zacanas, 502 U.S. 478 , 481 n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). We deny the petition for review.

Substantial evidence supports the BIA’s determination that Orobio failed to establish past persecution because the actions taken against him by suspected members of the New People’s Army (“NPA”) were not so severe as to rise to the level of past persecution and the discrimination Orobio experienced in the Philippines on account of his sexual orientation does not constitute past persecution. See Mansour v. Ashcroft, 390 F.3d 667, 672 (9th Cir.2004). Furthermore, despite his contention, the cumulative effect of Orobio’s past experiences do not rise to the level of past persecution. See Nagoulko…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.