Immigration
Asylum; Venezuela

Even though an asylum seeker was attacked by a pro-government mob in Venezuela, he failed to prove persecution based on his political opinions.

"There is an absence of substantial evidence in the record to support a finding that the petitioners suffered past persecution in Venezuela because of membership in a particular group or because of their political opinions. Mr. Alvarez says he was a member of Accion Democratica, but he admits that he was not an active member and attended meetings only when his grandparents took him when he was a child. He participated in two opposition marches, but so did thousands of other people. He admitted that he was not harmed during the marches. The only evidence of his ever being harmed is the taxi cab incident. He argues that only the higher classes take taxis in Venezuela, and therefore he was attacked because he was a member of a group with high social standing. The IJ rejected the contention and found that there was no evidence that the attack was anything other than a random act of violence. In fact, Mr. Alvarez admitted that he made a mistake in getting out of the taxi when it was near an ongoing demonstration being held by the Bolivarian Circles. The mob which attacked him did not seem to know who he was.

Mr. Alvarez testified that he was attacked simply because people in the mob have aggressive natures and 'resolve everything with fights.' Furthermore, the police assisted him at the scene and referred him for medical treatment. The evidence supports the IJ's finding that the incident falls short of showing past persecution."

Petitions Denied.

07-2487 Alvarez Guardia v. Mukasey

Petitions for Review of an Order of the Board of Immigration Appeals, Evans, J.

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