Liem

Djing Hwie Liem v. Holder

Good Law
446 F. App'x 20
United States Court of Appeals for the Ninth CircuitJuly 26, 201107-74240California676 words

Opinion

Opinion

MEMORANDUM

Djing Hwie Liem, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ denial of his application for withholding of removal, and Convention Against Torture (CAT) relief We deny the petition.

The BIA’s determination that an alien is not eligible for relief 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). “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 fact-finder could fail to find the requisite fear of persecution.” Elias-Zacarias, 502 U.S. at 488-84 , 112 S.Ct. at 817 . The same standard applies to credibility determinations. See Lanza v. Ashcroft, 389 F.3d 917, 933 (9th Cir.2004); Alvarez-Santos v. INS, 332 F.3d 1245, 1254 (9th Cir.2003).…

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