Saldarriaga

Saldarriaga v. Gonzales

Good Law
241 F. App'x 432
United States Court of Appeals for the Ninth CircuitJuly 24, 2007No. 05-72841California514 words

Opinion

Lead Opinion

MEMORANDUM *

Petitioner Victor Hugo Saldarriaga, a native and citizen of Peru, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision summarily affirming an Immigration Judge’s (“IJ”) removal order and denial of his applications for asylum and withholding of removal. We grant the petition in part, deny it in part, and remand for further proceedings regarding the possibility of Saldarriaga’s relocation within Peru.

We affirm the IJ’s determination that Saldarriaga did not establish past persecution. However, depending upon resolution of the relocation questions discussed below, Saldarriaga established a well-founded fear of future persecution. He credibly believed that the two brochures *434 placed under his door constituted threats of death. Moreover, his cousin, who along with Saldarriaga was involved with Los Ronderos, was the victim of an intentional and vicious burning. Given these' circumstances, as well as the bombing of the school near Saldarriaga’s home, he demonstrated that there was at least a “ ‘ten percent chance that [he would] be persecuted in the future[,]’ ” which was enough “ ‘to establish a well-founded fear.’ ” Canales-Vargas v. Gonzales,…

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