Tan Go v. Holder
640 F.3d 1047
9th Cir.2011Background
- Tan Go petitions for review of the Board of Immigration Appeals' denial of asylum, withholding of removal, and CAT protection.
- The court reviews under 8 U.S.C. §1252(b) for substantial-evidence support.
- King’s stabbing and placement in the trunk occurred in June 2002 during a drug-trafficking scheme involving Tan Go’s husband.
- Tan Go and her husband were charged by the Philippines government with kidnapping as part of a purported legitimate prosecution.
- The court finds no basis to treat the Kings’ accusations as anti-government persecution or government control by the Kings.
- The CAT and due-process claims are rejected consistent with the court’s Go v. Holder reasoning (cited but not restated here).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether denial of asylum and withholding is supported by substantial evidence | Tan Go argues the record shows pretextual prosecution. | Board found a genuine, legitimate criminal prosecution. | Denied: substantial-evidence support for denial. |
| Whether the Kings’ dispute implies anti-government sympathies warranting protection | Tan Go claims anti-government attribution due to conflict with the King family. | No showing that government and King family act as one; threats lacking power to coerce. | Denied: no proven anti-government persecution. |
| Whether CAT and due-process claims fail under existing Ninth Circuit precedent | Tan Go asserts CAT/due-process protections apply. | Claims rejected by controlling precedent. | Denied: CAT/due-process claims rejected. |
Key Cases Cited
- Ahmed v. Keisler, 504 F.3d 1183 (9th Cir. 2007) (substantial-evidence standard for asylum and withholding review)
- Li v. Holder, 559 F.3d 1096 (9th Cir. 2009) (fear of criminal accountability does not automatically merit protection)
- Desir v. Ilchert, 840 F.2d 723 (9th Cir. 1988) (anti-government sympathies not proven by private disputes)
