Quinonez

Quinonez v. Immigration & Naturalization Service

Good Law
8 F. App'x 774
United States Court of Appeals for the Ninth CircuitApril 26, 2001No. 97-71327; I & NS No. A73 921 084California626 words

Opinion

Lead Opinion

MEMORANDUM ***

Ingrid Quinonez, a native and citizen of Guatemala, appeals the BIA’s denial of her request for asylum and withholding of deportation. The BIA found that Quinonez did not establish 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. Because the parties are familiar with the facts, we will not detail them here except as necessary.

The BIA conducted a de novo review; therefore 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 Quinonez 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, Quinonez bears the burden of proving that she is a “refugee” and…

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