Orellana

Orellana v. Reno

Good Law
5 F. App'x 801
United States Court of Appeals for the Ninth CircuitMarch 16, 2001No. 00-70103; I & NS A70-927-752California615 words

Opinion

Lead Opinion

MEMORANDUM *

Reyna Elizabeth Orellana (“Orellana”), a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) dismissal of her appeal of the Immigration Judge’s (“IJ”) denial of her application for asylum and withholding of deportation under 8 U.S.C. §§ 1158 (a) and 1253(h). We have jurisdiction pursuant to 8 U.S.C. § 1105a(a), 1 and we deny Orellana’s petition for review. Because the parties are familiar with the factual and procedural history of this case, we do not recount it here except as necessary to explain our decision.

We review the BIA’s factual findings underlying its decision to deny asylum and withholding of deportation under the substantial evidence standard. See Molina-Morales v. INS, 237 F.3d 1048, 1050 (9th Cir.2001). We will reverse the BIA’s decision only if the applicant shows that the evidence presented “was so compelling that no reasonable factfinder could fail to find the requisite fear of persecution.” See Cruz-Navarro v. INS, 232 F.3d 1024, 1028 (9th Cir.2000) (quoting INS v. Elias-Zacarias, 502 U.S. 478, 481, 483-84 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992)). Because the BIA conducted a de novo review of the IJ’s…

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