James Ty v. Eric Holder, Jr.

MEMORANDUM

Petitioner James Sai Ty (“Ty”), a native of the Philippines, petitions for review of the BIA’s decision affirming the IJ’s denial of his applications for asylum and withholding of removal. Because substantial evidence supports the BIA’s decision that Ty did not establish an objectively reasonable well-founded fear of persecution, we deny the petition. Because the parties are familiar with the factual and procedural history of the case, we will not recount it here.

We review the BIA’s determination that a petitioner does not have an objectively reasonable fear of persecution for substantial evidence. Lolong v. Gonzales, 484 F.3d 1173, 1178 (9th Cir.2007). The BIA’s determination must be upheld unless “the evidence not only supports, but compels the conclusion that the asylum decision was incorrect.” Id. (internal quotation marks omitted).

An applicant may demonstrate an objectively reasonable fear of persecution through specific evidence of both membership in a disfavored group and that the applicant, “in particular, is likely to be targeted as a member of that group.” Sael v. Ashcroft, 386 F.3d 922, 925 (9th Cir.2004). Even in the absence of direct, personal…