Enriquez-Pesantes

Enriquez-Pesantes v. Immigration & Naturalization Service

Good Law
15 F. App'x 520
United States Court of Appeals for the Ninth CircuitAugust 1, 2001No. 00-70024; I & NS No. A29-291-592California379 words

Opinion

Lead Opinion

MEMORANDUM ***

Petitioner, Gustavo Rodrigo Enriquez-Pesantes (“Petitioner” or “Enriquez-Pesantes”), a native and citizen of Ecuador, petitions for review of the final order of the Board of Immigration Appeals (“BIA” or “Board”) dismissing his appeal of the Immigration Judges’s (“IJ”) decision denying his applications for asylum and withholding of deportation. We have jurisdiction to consider his petition for review under 8 U.S.C. § 1105a 1 and we deny the petition.

The BIA’s decision that Petitioner has not established eligibility for asylum is reviewed under the substantial evidence standard. Rivera-Moreno v. INS, 213 F.3d 481, 485 (9th Cir.2000). To reverse the BIA’s decision, Enriquez-Pesantes must establish not just that the evidence supports a contrary decision, but that it compels it. Ghaly v. INS, 58 F.3d 1425, 1431 (9th Cir.1995) (citing Prasad v. INS, 47 F.3d 336, 338 (9th Cir.1995)).

We deny Enriquezr-Pesantes petition for review because the evidence does not support a basis for concluding that a reasonable factfinder would have been *522 compelled to find past persecution or the requisite fear of future persecution. See INS v. Elias-Zacarias, 502 U.S. 478, 483-84 ,…

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