holding that petitioner’s failure to exhaust her claim that the BIA erred by relying on an inadequate transcript precluded judicial review
How later courts described this case
- holding that petitioner’s failure to exhaust her claim that the BIA erred by relying on an inadequate transcript precluded judicial review
- explaining that the government’s burden of proving that an alien is deportable is satisfied when the alien concedes deportability
- holding 13 that petitioner, the target of private attempts to collect debt, did not suffer from political 14 persecution
- possible retribution for unpaid financial debt not political
Written by the judges who cited it.
The opinion
WALLACE, Circuit Judge,
concurring:
I concur fully in the majority’s opinion for this case. I write separately only to point out that Solis’s reliance on the BIA’s use of the word “would” asks us to ignore completely the context of that word as used in her case, as compared to the context of its usage in Cardoza-Fonseca v. INS, 767 F.2d 1448 (9th Cir.1985) (Cardoza-Fonseca ), cert. granted, — U.S. —, 106 S.Ct. 1181 , 89 L.Ed.2d 298 (1986).
In Cardoza-Fonseca , we stated:
The BIA affirmed, stating that no matter what burden of proof Cardoza-Fonseca faced, whether “ ‘clear probability,’ ‘good reason’ or ‘realistic likelihood,’ ” all of which the Board thought to be identical, she failed to show that she “would suffer persecution.” The Board also reasoned that her claim failed because she had not introduced any objective evidence to demonstrate that she “will be subject to persecution.”
767 F.2d at 1450 (emphasis supplied by court). We thus emphasized that the BIA denied asylum eligibility because the alien “failed to show that she ‘would suffer persecution.’ ” Id.; see Rebollo-Jovel v. INS, 794 F.2d 441, 445 (9th Cir.1986). In this case, by contrast, the IJ found that Solis had failed to demonstrate “a well-founded fear that she would be persecuted.” There is clearly a substantial difference between a demand that the alien demonstrate that she would be persecuted if deported, and a demand that the alien demonstrate that she has a well-founded fear that she would be persecuted. The IJ’s formula is indistinguishable from a requirement that the alien demonstrate a well-founded fear of persecution.