Sleman

Sleman v. Holder

Good Law
365 F. App'x 828
United States Court of Appeals for the Ninth CircuitFebruary 16, 201005-74857California675 words

Opinion

Opinion

MEMORANDUM

Naji Kiryakos Sleman (“Sleman”) appeals the Board of Immigration Appeals’ (“BIA”) decision affirming the denial of his application for asylum, withholding of removal, and relief under the United Nations Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 . We affirm the BIA.

1. We review for substantial evidence the BIA’s denial of asylum, withholding of removal, and CAT relief. INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). That is, record evidence must compel reversal. Id. at 483-84 , 112 S.Ct. 812 . Sleman may carry his burden to prove asylum eligibility by demonstrating that he is unable to return to his country because of “persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.” 8 U.S.C. §§ 1101 (a)(42)(A), 1158(b)(1). He may demonstrate past persecution by showing (1) incidents rising to the level of persecution (2) on account of a statutorily protected ground (3) committed by the government or forces that the government is unable or unwilling to control. Baballah v. Ashcroft, 335 F.3d 981, 987…

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