Orobio v. Holder
Orobio v. Holder
Opinion of the Court
MEMORANDUM
Orlando Castillo Orobio, a native and citizen of the Philippines, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence, Lata v. INS, 204 F.3d 1241, 1244 (9th Cir. 2000), and we reverse only if the evidence compels a contrary conclusion, INS v. Elias-Zacanas, 502 U.S. 478, 481 n. 1, 112 S.Ct. 812, 117 L.Ed.2d 38 (1992). We deny the petition for review.
Substantial evidence supports the BIA’s determination that Orobio failed to establish past persecution because the actions taken against him by suspected members of the New People’s Army (“NPA”) were not so severe as to rise to the level of past persecution and the discrimination Orobio experienced in the Philippines on account of his sexual orientation does not constitute past persecution. See Mansour v. Ashcroft, 390 F.3d 667, 672 (9th Cir. 2004). Furthermore, despite his contention, the cumulative effect of Orobio’s past experiences do not rise to the level of past persecution. See Nagoulko v. INS, 333 F.3d 1012, 1016-18 (9th Cir. 2003).
Substantial evidence also supports the BIA’s determination that Orobio has not established that he has a well-founded fear of future persecution if he returns to the Philippines. Orobio has failed to show that the NPA has a continuing interest in him, particularly given that Orobio does not fit into any of the categories of persons sought by the NPA and a significant
Because Orobio fails to establish eligibility for asylum, he necessarily fails to meet the more stringent standard for withholding of removal. See Fisher v. INS, 79 F.3d 955, 961 (9th Cir. 1996) (en banc).
PETITION FOR REVIEW DENIED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.