Martinez-Barahona

Martinez-Barahona v. Holder

Good Law
403 F. App'x 244
United States Court of Appeals for the Ninth CircuitNovember 16, 201007-74645California604 words

Opinion

Opinion

MEMORANDUM

Santos Martinez-Barahona, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ denial of her applications for asylum, withholding of removal, and Convention Against Torture relief. We deny the petition.

The BIA’s determination that an alien is not eligible for asylum must be upheld if “ ‘supported by reasonable, substantial, and probative evidence on the record considered as a whole.’ ” INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812, 815 , 117 L.Ed.2d 38 (1992) (citation omitted). “It can be reversed only if the evidence presented ... was such that a reasonable factfinder would have to conclude that the requisite fear of persecution existed.” Id.; see also Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.2003). When an alien seeks to overturn the BIA’s adverse determination, “he must show that the evidence he presented was so compelling that no reasonable factfinder could fail to find the requisite fear of persecution.” Elias-Zacarias, 502 U.S. at 483-84 , 112 S.Ct. at 817 . When an asylum claim is involved, an alien must show either past persecution or a well-founded fear of future persecution that is “subjectively…

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