Cadiena
Cadiena v. Mukasey
Opinion
Lead Opinion
*237 MEMORANDUM **
Caryl Sofía Cadiena, a native and citizen of the Philippines, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision affirming the Immigration Judge’s (“IJ”) order denying her application for asylum and withholding of removal.
We have jurisdiction over Cadiena’s claims pursuant to 8 U.S.C. § 1252 . We review for substantial evidence, Lim v. INS, 224 F.3d 929, 933 (9th Cir.2000), and we grant in part and deny in part and remand.
The IJ and BIA found that Cadiena failed to show that her fear of future persecution was objectively reasonable and on account of a protected ground. These findings are not supported by substantial evidence, because Cadiena showed that the New People’s Army targeted her on account of an imputed political opinion that was derived from her parents’ political opinions and activities. See Ernesto Navas v. INS, 217 F.3d 646, 658-62 (9th Cir.2000). Assuming Cadiena is credible, her testimony and the record as a whole would compel a finding that Cadiena has a well-founded fear of future persecution.
Nevertheless, because the BIA failed to make an explicit finding on credibility, we remand to allow the BIA and IJ to…
Concurrence in Part
Scannlain, J.
concurring in part and dissenting in part:
While I concur in the court’s conclusion that substantial evidence supports the denial of Cadiena’s application for withholding of removal, and agree that her res judicata claim should be rejected, I respectfully suggest that, in addressing her asylum claim, the court fails properly to consider evidence that Cadiena does not have a well-founded fear of future persecution in the Philippines.
In its terse opinion, the Board of Immigration Appeals (“BIA”) “agree[d]” with the Immigration Judge (“IJ”) “that there is insufficient evidence in the record to indicate that [Cadiena] has an objectively reasonable well-founded fear of persecution.” The IJ’s conclusion on such issue, in turn, was predicated in part on the availability of safe relocation within the Philippines. Thus, both by concluding that Cadiena lacked a well-founded fear of persecution, and by noting its agreement with the IJ, the BIA implicitly relied on evidence showing that Cadiena could safely relocate upon returning there. See Melkonian v. Ashcroft, 320 F.3d 1061, 1069 (9th Cir.2003) (“The ability of an applicant to relocate to a place of safety within his country of origin…