Farfan v. Immigration & Naturalization Service
Farfan v. Immigration & Naturalization Service
Opinion of the Court
MEMORANDUM
Jose M. Farfan Lopez, a citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ denial of his application for asylum and withholding of deportation. We deny the petition.
The BIA’s determination that an alien is not eligible for asylum must be upheld if “ ‘supported by reasonable, substantial, and probative evidence on the record con
Where an asylum claim is involved, an alien must show either past persecution or a well-founded fear of future persecution that is “both subjectively genuine and objectively reasonable.” Fisher v. INS, 79 F.3d 955, 960 (9th Cir. 1996) (en banc). Where the BIA determines that the alien was subjected to persecution in the past, a presumption that he has a well-founded fear of future prosecution arises. See 8 C.F.R. § 208.13(b)(1); Borya v. INS, 175 F.3d 732, 737-38 (9th Cir. 1999) (en banc). The presumption can be rebutted by the INS upon a showing by a preponderance of the evidence that the alien could avoid future persecution by relocating within his own country. See 8 C.F.R. § 208.13(b)(l)(i)(B); Cordon-Garcia v. INS, 204 F.3d 985, 991 (9th Cir. 2000); Borja, 175 F.3d at 738; Cuadras v. INS, 910 F.2d 567, 571 n. 2 (9th Cir. 1990); Quintanilla-Ticas v. INS, 783 F.2d 955, 957 (9th Cir. 1986).
The BIA did determine that Farfan had suffered past persecution. However, it also determined that, based upon the country report
Petition DENIED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
. See Bureau of Democracy, Human Rights and Labor, United States Department of State, Guatemala — Profile of Asylum Claims & Country Conditions, 8-9 (June 1997). Reliance on the country report was appropriate, even desirable. See Marcu v. INS, 147 F.3d 1078, 1081 (9th Cir. 1998).
. Because Farfan did not meet the requirements for eligibility for asylum, he was not entitled to withholding of deportation either. See Ghaly, 58 F.3d at 1429.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.