Bueno

Bueno v. Holder

Good Law
334 F. App'x 858
United States Court of Appeals for the Ninth CircuitOctober 22, 2009No. 06-73295California276 words

Opinion

Lead Opinion

MEMORANDUM **

Gustavo Bueno, a native and citizen of Peru, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision upholding the Immigration Judge’s (“IJ”) decision that he was ineligible for cancellation of removal because he assisted in persecution. See 8 U.S.C. §§ 1229b(c)(5), 1231(b)(3)(B)®.

Petitioner was a police officer who arrested suspected members of the Shining Path and placed them in cells for interrogation by intelligence agents. The issue is whether the BIA’s finding that petitioner was personally involved and assisted in persecution was supported by substantial evidence.

The record supports the finding that petitioner had reason to expect that the individuals he arrested would be persecuted, as he personally was aware of widespread reports that there was physical harm to the arrestees and that deaths of arrestees occurred with regularity. There is no requirement that a person who assists in persecution' must personally inflict harm, so long as the person’s activities were part of a chain of conduct that resulted in persecution. See Miranda Alvarado v. Gonzales, 449 F.3d 915 , 927-28 & n. 11 (9th Cir.2006). Moreover, in the circumstances of this…

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