Mushebaig Mirza v. Eric Holder, Jr.

MEMORANDUM

Mushebaig Jehangirbaig Mirza, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ denial of his application for asylum, withholding of removal, and Convention Against Torture (CAT) 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). “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 over turn 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 483-84 , 112 S.Ct. at 817 .

Mirza has not met that burden. That is, he has not shown that he has a well-founded fear of future persecution that is “ ‘both subjectively genuine and…