Lumio

MEMORANDUM ***

Lilibeth Garcia Lumio, a native and citizen of the Philippines, petitions for review of the Board of Immigration Appeals’ decision denying her request for asylum and for withholding of deportation. We deny the petition.

(1) The BIA’s determination that Lumio “was not eligible for asylum must be upheld if ‘supported by reasonable, substantial, and probative evidence on the record considered as a whole.’” INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812, 815 , 117 L.Ed.2d 38 (1992) (citation omitted). To justify a reversal of the BIA’s decision, Lumio must show “that the evidence [she] presented was so compelling that no reasonable factfinder could fail to find the requisite fear of persecution.” Id. at 483-84 , 112 S.Ct. at 817 ; see also Ghaly v. INS, 58 F.3d 1425, 1431 (9th Cir.1995).

(2) The BIA did not err when it determined that Lumio was not entitled to asylum. The evidence before the BIA supported its conclusion that she was firmly resettled in Canada before she came here. It certainly did not compel the contrary conclusion. In fact, the evidence demonstrated that she lived peacefully in Canada for over five years and obtained permanent residence…