Naicker

Naicker v. Immigration & Naturalization Service

Good Law
9 F. App'x 739
United States Court of Appeals for the Ninth CircuitMay 29, 2001No. 97-71179; INS No. A72-697-033California1,022 words

Opinion

Lead Opinion

*740 MEMORANDUM

Maya Wati Naicker (“Naicker”), a native and citizen of Fiji, petitions for review of the Board of Immigration Appeals’ (“BIA”) dismissal of her appeal of an immigration judge’s 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)(2), 4 and we deny the petition. The parties are familiar with the facts, and, therefore, we discuss only those most germane to our analysis.

Denial of asylum and withholding of deportation are reviewed under the substantial evidence standard. See Fisher v. INS, 79 F.3d 955, 961 (9th Cir.1996) (en banc). This standard is “extremely deferential.” Ghaly v. INS, 58 F.3d 1425, 1431 (9th Cir.1995). The petitioner seeking reversal “must establish that the evidence not only supports the conclusion that she suffered persecution or has a well-founded fear of persecution, but compels it.” Fisher, 79 F.3d at 961 . The evidence must be “so compelling that no reasonable factfinder could fail to find the requisite fear of persecution.” INS v. Elias-Zacarias, 502 U.S. 478, 483-84 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992).

Substantial evidence…

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