Rosario Hernandez Garcia v. Eric Holder, Jr.

Rosario Hernandez Garcia, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ denial of her application for asylum, and for withholding of removal 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 genuine and objectively reasonable.”…