De Guzman v. Immigration & Naturalization Service

MEMORANDUM **

Rhodora V. Dc Guzman, a native and citizen of the Philippines, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision dismissing her appeal from an Immigration Judge’s (“IJ”) denial of her application for asylum and withholding of deportation under 8 U.S.C. §§ 1158 (a) and 1253(h). We have jurisdiction under 8 U.S.C. § 1105a(a).

We review factual determinations concerning a petitioner’s eligibility for asylum under a substantial evidence standard, and we must uphold the BIA’s decision unless the evidence compels a contrary result. INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). We deny the petition for review.

Here, the BIA found that petitioner suffered past persecution on account of her political opinion, which entitled petitioner to a legal presumption that she has a well-founded fear of future persecution. See Borja v. INS, 175 F.3d 732, 737 (9th Cir. 1999) (en banc).

Petitioner contends that respondent failed to rebut the presumption of a well-founded fear of future persecution. We disagree. Because the INS produced evidence that conditions in the Philippines have changed to the extent that it is safe…