Islam

MEMORANDUM ***

Mesbahul Islam, a native and citizen of Bangladesh, appeals the Board of Immigration Appeals’s final order denying his request for asylum and withholding of deportation. The BIA found that Islam had not established persecution. 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.

Because the BIA conducted a de novo review, we review the decision of the BIA. Ghaly v. INS, 58 F.3d 1425, 1430 (9th Cir.1995). 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 Islam is “so compelling that no reasonable fact finder could fail to find the requisite fear of persecution.” Id. at 484 .

To establish eligibility for asylum, Islam must demonstrate both an…