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Legal Opinion · Dissent

Mirna Lopez v. Eric Holder, Jr.

Court of Appeals for the Ninth Circuit

Decided June 11, 2014No. 09-73391Unpublished

1DissentPregerson, Circuit Judge

I respectfully dissent. I agree that Lopez failed to demonstrate past persecution in Guatemala. But she did present compelling evidence of a well-founded fear of future persecution because of her political opinion. Accordingly, I would GRANT her petition to overturn the BIA’s denial of asylum and REMAND.

Lopez’s father, Herman Lopez Chape-tón, was active in the Christian Democracy Party, where he rose to the position of *684General Secretary. Lopez was also active in the Christian Democracy Party, where she served as its Queen and as its Organizational Secretary.

In 1995, Lopez’s father warned her…

2Cases cited6 opinions

  1. Immigration & Naturalization Service v. Elias-ZacariasSupreme Court of the United States · 1992
  2. Immigration & Naturalization Service v. Cardoza-FonsecaSupreme Court of the United States · 1987
  3. Mario Ernesto Navas v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 2000
  4. Vera KORABLINA, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, RespondentCourt of Appeals for the Ninth Circuit · 1998
  5. Maiane Mgoian v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1999

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