Baby
Baby v. Immigration & Naturalization Service
Opinion
Lead Opinion
*509 MEMORANDUM ***
Baby, a Malawi native and citizen, and derivatively, her husband, a Mozambique native and Portuguese citizen, petition for review of the BIA’s decision affirming an IJ’s denial of her request for asylum and withholding of deportation. We have jurisdiction 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 the parties are familiar with the facts, we will not recite them in this decision.
We review the BIA’s determination that Baby was not eligible for asylum for substantial evidence. Sebastian-Sebastian v. INS, 195 F.3d 504, 506 (9th Cir.1999). To prevail, Baby must show that the evidence not only supports, but compels the conclusion that the BIA was incorrect. Id.
Substantial evidence supports the BIA’s determination that Baby did not suffer past persecution. “[P]ersecution, not merely conditions of discrimination in the country of origin, must be shown before asylum will be granted.” Prasad v. INS, 47 F.3d 336, 339 (9th Cir.1995). “[P]ersecution is an extreme concept that does not include every sort of…