Quintero v. Gonzales
Quintero v. Gonzales
Opinion of the Court
MEMORANDUM
John Quintero and his wife, Bibiana Patricia Velez,
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.
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.
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
We lack jurisdiction to address Quintero’s claim for relief under the CAT because he failed to raise that issue on appeal to the BIA. See Garcia-Martinez v. Ashcroft, 371 F.3d 1066, 1079 n. 5 (9th Cir. 2004). Quintero’s due process claim that he was entitled to a three-judge BIA panel is foreclosed by Falcon Carriche v. Ashcroft, 350 F.3d 845, 848 (9th Cir. 2003).
PETITION FOR REVIEW DISMISSED in part; DENIED in part.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
. Quintero is the principal asylum applicant; his wife’s claim is derivative of his claim. See 8U.S.C. § 1158(b)(3).
. Although petitioners’ asylum applications were filed over a year after they entered the United States, the IJ concluded that they satisfied an exception to the one-year filing rule, 8 C.F.R. § 208.4(a)(2), because they were led to believe their applications were timely filed by a man who falsely represented himself to be an attorney.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.