Dabizljevic

Dabizljevic v. Immigration & Naturalization Service

Good Law
10 F. App'x 630
United States Court of Appeals for the Ninth CircuitJune 5, 2001No. 99-71505; INS No. A16-057-306California838 words

Opinion

Lead Opinion

*631 MEMORANDUM **

Petitioner Zdenko Dabizljevic, a native of the former Yugoslavia, petitions for review of the BIA’s denial asylum and withholding of deportation from Slovenia and to Serbia. We have jurisdiction pursuant to 8 U.S.C. § 1005a and we deny the petition for review. See Kalaw v. INS, 133 F.3d 1147, 1149-50 (9th Cir.1997); Narayan v. INS, 105 F.3d 1335 (9th Cir.1997).

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); Velarde v. INS, 140 F.3d 1305, 1309 (9th Cir.1998). We can reverse only if the evidence presented by the alien is “so compelling that no reasonable fact finder could fail to find the requisite fear of persecution.” EliasZacarias, 502 U.S. at 484 , 112 S.Ct. 812 . Because the BIA clearly adopted the IJ’s opinion as its opinion, we treat the IJ’s statement of reasons as the BIA’s reasons for the decision and review the IJ’s decision for abuse of discretion. Alaelua v. INS, 45 F.3d 1379, 1382 (9th Cir.1995).

Petitioner first argues that the IJ erred in designating Slovenia,…

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