Filed: Nov. 10, 2004
Latest Update: Feb. 21, 2020
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT November 10, 2004 Charles R. Fulbruge III Clerk No. 04-60139 Summary Calendar SEVERO MANCILLA-CARABALI; ISABELLE CHRISTINA MANCILLA-HERNANDEZ, Petitioners, versus JOHN ASHCROFT, U.S. ATTORNEY GENERAL, Respondent. - Petition for Review of an Order of the Board of Immigration Appeals BIA No. A78 994 087 BIA No. A78 994 086 - Before GARZA, DEMOSS, and CLEMENT, Circuit Judges. PER CURIA
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT November 10, 2004 Charles R. Fulbruge III Clerk No. 04-60139 Summary Calendar SEVERO MANCILLA-CARABALI; ISABELLE CHRISTINA MANCILLA-HERNANDEZ, Petitioners, versus JOHN ASHCROFT, U.S. ATTORNEY GENERAL, Respondent. - Petition for Review of an Order of the Board of Immigration Appeals BIA No. A78 994 087 BIA No. A78 994 086 - Before GARZA, DEMOSS, and CLEMENT, Circuit Judges. PER CURIAM..
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United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT November 10, 2004
Charles R. Fulbruge III
Clerk
No. 04-60139
Summary Calendar
SEVERO MANCILLA-CARABALI; ISABELLE CHRISTINA MANCILLA-HERNANDEZ,
Petitioners,
versus
JOHN ASHCROFT, U.S. ATTORNEY GENERAL,
Respondent.
--------------------
Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A78 994 087
BIA No. A78 994 086
--------------------
Before GARZA, DEMOSS, and CLEMENT, Circuit Judges.
PER CURIAM:*
Severo Mancilla-Carabali (Mancilla) petitions for review of
an order of the Board of Immigration Appeals (BIA) affirming the
Immigration Judge’s decision to deny his application for asylum
and withholding of removal under the Immigration and Nationality
Act. Mancilla’s daughter, Isabelle Mancilla-Hernandez, also
seeks to obtain asylum and withholding of deportation, and her
petition is dependent upon Mancilla’s. Mancilla argues that the
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
No. 04-60139
-2-
BIA erred by determining that he was not persecuted based upon
his being in a particular social group.
This court will uphold the findings that an alien is not
eligible for asylum or withholding if those findings are
supported by substantial evidence. Chun v. INS,
40 F.3d 76, 78
(5th Cir. 1994). Under this standard, the BIA’s determination
will be affirmed unless the “evidence compels a contrary
conclusion.” Carbajal-Gonzalez v. INS,
78 F.3d 194, 197 (5th
Cir. 1996).
The Immigration Judge determined that Mancilla had not shown
that threats from members of the Revolutionary Armed Forces of
Colombia (FARC), a Colombian guerilla group, constituted
persecution or that the threats were on account of Mancilla’s
membership in the Liberal Party of Colombia. The evidence
established that the FARC guerillas threatened Mancilla, not due
to his status as a former policeman or his membership in the
Liberal Party, but due to his refusal to comply with their demand
that he provide intelligence about police activities. Harassment
aimed at obtaining information without regard for the political
belief of the person being harassed is not persecution on account
of political opinion. See Ozdemir v. INS,
46 F.3d 6, 7 (5th Cir.
1994). Similarly, extortion or forced recruitment does not
constitute persecution based on the victim’s political beliefs or
membership in a particular social group. See INS v. Elias-
Zacarias,
502 U.S. 478, 482-83 (1992).
No. 04-60139
-3-
Mancilla has not shown that the evidence compels a
conclusion contrary to that of the Immigration Judge. See
Carbajal-Gonzalez, 78 F.3d at 197. Because Mancilla has not
shown persecution or a well-founded fear of persecution on
account of any ground protected by the INA as required for
asylum, he also has not shown a clear probability of persecution
as required by the more stringent standard for withholding of
deportation. See Faddoul v. INS,
37 F.3d 185, 188 (5th Cir.
1994).
PETITION DENIED.