Quintero v. Gonzales

187 F. App'x 743
Court of Appeals for the Ninth Circuit·Decided June 30, 2006·No. No. 03-74362; Agency Nos. A79-526-661, A79-526-662·Published

Opinion

MEMORANDUM **

John Quintero and his wife, Bibiana Patricia Velez,1 natives and citizens of Colombia, petition for review of an order of the Board of Immigration Appeals (“BIA”), summarily affirming an immigration judge’s (“IJ”) decision to deny their applications for asylum, withholding of removal and relief under the Convention Against Torture (“CAT”). We dismiss in part and deny in part the petition for review.

We review for substantial evidence the determination that a petitioner has failed to establish eligibility for asylum or withholding of removal, and must uphold the IJ’s findings unless the evidence “not only supports, but compels a contrary conclusion.” Karouni v. Gonzales, 399 F.3d 1163, 1170 (9th Cir.2005); INS v. Elias-Zacarias, 502 U.S. 478, 481 n. 1, 112 S.Ct. [745]*745812, 117 L.Ed.2d 38 (1992). Where, as here, no explicit adverse credibility finding was made, “we must assume the applicant’s factual contentions are true.” Navas v. INS, 217 F.3d 646, 652 n. 3 (9th Cir.2000).

Substantial evidence supports the IJ’s determination that Quintero failed to show he was persecuted “on account of’ a protected ground, including membership in a particular social group and actual or imputed religion or political opinion.2 See 8 U.S.C. § 1101(a)(42)(A) (defining “refugee” as one who is unable or unwilling to return to his country “because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group or political opinion.”) (emphasis added); see also In Re S-P, 21 I. & N. Dec. 486, 489 (BIA 1996) (explaining that persecution for an actual or imputed protected ground can satisfy the definition of “refugee.”). The IJ concluded that Satanic cult members persecuted Quintero — i.e., made threatening phone calls and kidnapped him — solely because he shed light on the cults’ secret activities when producing a documentary series on paranormal activities. The IJ likened the Satanic cults’ actions to that of an organized criminal enterprise seeking to silence and exact personal revenge on informants.

We recognize that “it is often difficult to determine the exact motive or motives for which harm has been inflicted,” In re S-P, 21 I. & N. Dec. at 492, and an applicant may qualify for asylum where persecution occurred for multiple reasons, so long as the “harm was motivated, at least in part, by an actual or implied protected ground,” Borja v. INS, 175 F.3d 732, 736 (9th Cir.1999) (en banc). However, the evidence Quintero presented does not compel a finding that his persecution was motivated, even in part, by an actual or imputed protected ground. See Elias-Zacarias, 502 U.S. at 483-84, 112 S.Ct. 812 (explaining that “since the statute makes motive critical,” a petitioner seeking reversal must show that the direct or circumstantial evidence he presented “was so compelling that no reasonable factfinder could fail to find the requisite fear of persecution”).

Even if Colombian journalists were a recognized social group, an issue we need not decide, the evidence does not compel a finding that Quintero was persecuted on account of his being a journalist. Instead, the evidence suggested that cult members targeted individuals spanning various professions and groups, such as the non-journalist “Deacon,” whose unifying trait was that they exposed or interfered with the cults’ secret practices.

Similarly, the evidence does not compel a finding that Quintero was persecuted on account of his actual or imputed political opinion. The evidence does not suggest that Satanic cult members were aware of Quintero’s political views or that they imputed a particular political view to him. Even if the Satanic cults perceived Quintero as disliking them, a “purely apolitical feud between two hostile groups” does not constitute persecution on account of political opinion. Marquez v. INS, 105 F.3d 374, 381 (7th Cir.1997); Jahed v. INS, 356 F.3d 991, 999-1000 (9th Cir.2004) (distinguishing persecution on account of political opinion from persecution by “criminals with no interest in politics or political opinion”).

Nor does the evidence compel a finding that Quintero was persecuted on account

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Quintero v. Gonzales, 187 F. App'x 743 (9th Cir. 2006).

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