Opinion

Efrain Antonio Rebollo-Jovel v. Immigration and Naturalization Service

  • 794 F.2d 441
  • 1986 U.S. App. LEXIS 26977
Court
Court of Appeals for the Ninth Circuit
Filed
Jul 11, 1986
Status
Published
Author
Beezer
On the bench
Beezer, Canby, Wallace
Cited by
55 cases
Authority
More cited than 25.5%

finding that Salvadoran whose parents and siblings continued to live in El Salvador without harm had failed to show that his fear of persecution was objectively reasonable

How later courts described this case

  • finding that Salvadoran whose parents and siblings continued to live in El Salvador without harm had failed to show that his fear of persecution was objectively reasonable
  • holding that applicant for political asylum must demonstrate "that potential persecution would be directed at him as an individual" and "would be politically motivated"
  • denying claim even though uncle's death was politically motivated and alien threatened to mind his own business because nothing suggested that persecution would be directed at alien as an individual or that it would be politically motivated
  • requiring that potential persecution be directed at aliens as individuals, and not simply widespread political violence

Written by the judges who cited it.

The opinion

BEEZER, Circuit Judge,

concurring:

I fully concur in the opinion of the court. I write separately only to point out that the decision of the Board of Immigration Appeals in this case was rendered prior to its decision in In re Matter of Acosta, Interim Dec. No. 2986 (BIA March 1,1985). Consequently, today’s decision cannot answer the question, which was expressly left open in our previous decision in Vides-Vides v. INS, 783 F.2d 1463 (9th Cir.1986), as to what effect the BIA’s holding in Acosta should have upon our review of future BIA decisions which use similar language in disposing of asylum claims.

In Vides-Vides , we noted:

In Acosta, the BIA firmly adopted the position that there is no meaningful difference between the standards for asylum and withholding of deportation, thereby expressly rejecting the position adopted in this circuit.

Decisions of the BIA rendered prior to the adoption of this approach in Acosta need not necessarily be read as definitely rejecting differentiating standards for prohibition of deportation and asylum

In light of Acosta, it may be appropriate henceforth to require a more explicit statement from the BIA that, even were it to apply a more generous standard such as required in this circuit, it would still deny the asylum petition____

783 F.2d at 1468 n. 3.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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