Aquino

MEMORANDUM **

Maria Gemma Ortiz Aquino (Aquino), a native and citizen of the Philippines, petitions for review of the Board of Immigration Appeal’s (BIA’s) decisions (1) denying asylum, withholding of deportation, and relief under the Convention Against Torture (CAT), and (2) denying a motion to reopen and subsequent motion for reconsideration, seeking a remand to allow her to apply for adjustment of status based upon a recent marriage to an American citizen. We deny the petition.

*208 I.

Aquino’s asylum claim based upon past persecution of family members is undercut by evidence that Aquino’s father lived in the Philippines unharmed until his death of natural causes in 2002, and that her mother has lived in the Philippines unharmed by Marcos sympathizers since 1992. See, e.g., Hakeem v. INS, 273 F.3d 812, 816 (9th Cir.2001). Moreover, there is little if any evidence that Marcos sympathizers would impute her family’s political opinion to Aquino, and no evidence that they are a group the current government cannot control. See Singh v. INS, 94 F.3d 1353, 1359 (9th Cir.1996).

The BIA’s decision is also supported by a change in country conditions. The Marcos regime has not been in…

concurring:

I concur in the result.