Hossain

Hossain v. Immigration & Naturalization Service

Good Law
7 F. App'x 760
United States Court of Appeals for the Ninth CircuitApril 11, 2001No. 00-70349; I & NS No. A71 601 044California452 words

Opinion

Lead Opinion

MEMORANDUM ***

Awald Hossain, a native and citizen of Bangladesh, appeals the Board of Immi *761 gration Appeals’s final order of deportation denying his request for asylum and withholding of deportation. We have jurisdiction over this appeal pursuant to 8 U.S.C. § 1105 (a), as amended by § 309(c)(4)(A) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Pub. L. No. 104-208, 1 and we deny the petition for review. Since both of the parties are familiar with the facts, we will not recite them in this decision.

We must affirm the BIA’s decision if there is reasonable, substantial and probative evidence to support the decision based on the record as a whole. INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). The decision can be reversed only if the evidence presented by the alien is such that a reasonable fact finder is compelled to conclude that the requisite fear of persecution exists. Id. Because the BIA conducted its own review of the record, we review the BIA’s decision rather than the IJ’s decision. Singh v. INS, 94 F.3d 1353, 1358 (9th Cir.1996).

Hossain argues that the BIA erred when it made an explicit adverse…

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