Luzviminda Colobong v. Eric H. Holder Jr.

386 F. App'x 648
Court of Appeals for the Ninth Circuit·Decided July 7, 2010·No. 08-73232·Unpublished

Opinions

MEMORANDUM *

Luzviminda Rasos Colobong (“Colo-bong”), a native and citizen of the Philippines, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration [650] judge’s (“IJ”) decision denying her application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”).1 We have jurisdiction under 8 U.S.C. § 1252. Because the BIA expressly adopted the IJ’s decision, citing Matter of Burbano, 20 I. & N. Dec. 872 (BIA 1994), but also provided its own review of the evidence and the law, we review both the IJ and the BIA’s decision. See Hosseini v. Gonzales, 471 F.3d 953, 957 (9th Cir.2006).

We review a determination that an applicant has not established eligibility for asylum under the substantial evidence standard of review. See Singh v. INS, 134 F.3d 962, 966 (9th Cir.1998). We grant the petition and remand to the BIA.

I. Colobong’s Entry into the United States

After her husband was killed, Colobong arranged for her children to be sent to the United States. She later learned that another man had accompanied her children into the United States and assumed her deceased husband’s identity. Fearing for her life, Colobong then arranged for her own entry into the United States, signed papers using a fake name, Lydia Vísperas, and appeared for an interview with the U.S. embassy using that name. In 2006, Colobong was convicted of misuse of a social security number acquired through fraud and of employment verification fraud; both convictions related to her assuming the false identity of Lydia Vísper-as.

II. Asylum

Here, the IJ failed to make an express adverse credibility finding. Because the IJ did not make an explicit adverse credibility finding, we deem Colobong credible. See Kalubi v. Ashcroft, 364 F.3d 1134, 1137 (9th Cir.2004).2

Substantial evidence does not support the IFs conclusion that Colobong failed to establish that she suffered past persecution on account of a protected ground. Colobong’s husband, a political leader in their village, was found dead in the street with 64 bullets in his body. After this, Colobong and her children received death threats. Shortly thereafter, the political leader of a neighboring village, or “banga-ray,” was killed. The IJ lacked substantial evidence to find that Colobong did not suffer past persecution. See Shah v. INS, 220 F.3d 1062, 1072 (9th Cir.2000) (finding past persecution where petitioner’s husband was killed and she and her children were threatened); Khup v. Ashcroft, 376 F.3d 898, 904 (9th Cir.2004) (finding threats, combined with anguish suffered as a result of the killing of a fellow Burmese preacher, to constitute persecution).

Asylum applicants must provide some evidence, direct or circumstantial, that the persecutor was or would be motivated to pursue the applicants because of their actual or imputed status or belief. See INS v. Elias-Zacarias, 502 U.S. 478, 483, 112 S.Ct. 812, 117 L.Ed.2d 38 (1992).

In some cases, the factual circumstances alone may provide sufficient reason to [651] conclude that acts of persecution were committed on account of political opinion.... Indeed, this court has held persecution to be on account of political opinion where there appears to be no other logical reason for the persecution at issue.

Navas v. INS, 217 F.3d 646, 657 (9th Cir.2000) (internal citation omitted); see also Silaya v. Mukasey, 524 F.3d 1066, 1070-71 (9th Cir.2008) (“[Evidence that the alleged persecutor acted because of a petitioner’s family’s political associations is sufficient to satisfy the motive requirement.” (internal quotation marks and alteration omitted)).

Substantial evidence does not support the IFs conclusion that Colobong failed to establish that she suffered past persecution on account of her political opinion or imputed political opinion. When her husband’s great-uncle summoned him from the house on the night of the murder, armed men in uniform accompanied the great-uncle. Her husband was shot an extraordinary 64 times. Three months after her husband’s death, the mayor, or “bangaray captain,” of the nearest banga-ray was also murdered. Because the record compels the conclusion that the same person or persons who killed Colobong’s husband also threatened her and her children, the record also compels the conclusion that Colobong suffered past persecution on account of her imputed political opinion — especially in light of other record evidence, including the 2003 State Department Human Rights Country Report for the Philippines.

The record also compels the conclusion that the persecution Colobong suffered was motivated by her membership in her politically active immediate family. See Sanchez-Trujillo v. INS, 801 F.2d 1571, 1576 (9th Cir.1986) (“[A] prototypical example of a ‘particular social group’ would consist of the immediate members of a certain family.”). The way in which Colo-bong’s husband was murdered shows that the killing was not random, and shortly after the murder Colobong’s family received a letter the neighbors said contained a death threat against her son Juno. The record makes it plain that this letter was not the only death threat the family received in the days following the murder. And as we have noted, any reasonable factfinder would conclude that the person or persons who killed Colobong’s husband also threatened the family after the murder.

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Luzviminda Colobong v. Eric H. Holder Jr., 386 F. App'x 648 (9th Cir. 2010).

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BURBANO
20 I. & N. Dec. 872 (Board of Immigration Appeals, 1994)