Pantovic v. Ashcroft
Pantovic v. Ashcroft
Opinion of the Court
MEMORANDUM
Milovan Pantovic petitions for review of the Board of Immigration Appeals’
The IJ appears to have misunderstood the basis of Petitioner’s claims: his fear of future persecution based on draft notices and a judgment against him from the Serbian army that he received after he came to the United States. The IJ treated Petitioner’s claim as though it were based on past persecution. Because the IJ never addressed Petitioner’s claim, and because substantial evidence does not support the IJ’s adverse credibility finding, we grant the petition.
Substantial evidence does not support the IJ’s adverse credibility finding.
The record does not support the IJ’s blanket characterization of the Milosevic regime’s treatment of individuals with opposing political viewpoints at the time Petitioner retired from the military. Neither does it support the IJ’s characterization of Petitioner’s status as a known traitor while he was still in the military. The IJ’s conclusion that Petitioner’s ability to retire conflicted with his testimony was thus speculative.
We find no merit in Petitioner’s contention that translation difficulties merit granting the petition. Petitioner has demonstrated no prejudice. Accordingly, even if the translation difficulties rose to the level of a due process violation, we would
We remand to the BIA to determine whether to grant Petitioner’s claims based on his fear of future persecution.
PETITION GRANTED; CASE REMANDED.
This disposition is not appropriate for publication and may not be cited to or by the courts
. See Mendez-Gutierrez v. Ashcroft, 340 F.3d 865, 870 (9th Cir. 2003) (holding that the BIA abused its discretion by failing to address the petitioner's claim of a well-founded fear of future persecution as a separate ground for relief).
. See Alvarez-Santos v. INS, 332 F.3d 1245, 1254 (9th Cir. 2003).
. See 8 U.S.C. § 1158(a)(2)(D); 8 C.F.R. § 208.4(a)(4)(i)(B) (excepting aliens from the requirement that they apply for asylum within one year of entry when changed circumstances in their home countries inform their applications).
. Compare Cuadras v. INS, 910 F.2d 567, 571 (9th Cir. 1990) (concluding that the fact that similarly situated relatives were not persecuted though they remained behind undermined the petitioner’s claim).
. See Shah v. INS, 220 F.3d 1062, 1071 (9th Cir. 2000) ("Speculation and conjecture cannot form the basis of an adverse credibility finding, which must instead be based on substantial evidence.”).
. See Acewicz v. INS, 984 F.2d 1056, 1063 (9th Cir. 1993).
. Falcon Carriche v. Ashcroft, 350 F.3d 845, 855 (9th Cir. 2003).
. See INS v. Ventura, 537 U.S. 12, 16—17, 123 S.Ct. 353, 154 L.Ed.2d 272 (2002).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.