Wakileh

Wakileh v. Immigration & Naturalization Service

Good Law
24 F. App'x 769
United States Court of Appeals for the Ninth CircuitDecember 13, 2001No. 00-70945; I & NS Nos. A72-515-805 A72-517022 A72-517-023 A72-517-024California630 words

Opinion

Lead Opinion

MEMORANDUM

George Khalil Wakileh and his wife Joulizar, along with their sons Johny and Edward (“the Wakilehs”), are Catholic citizens of Jordan. In 1992, they entered the United States and overstayed their visas. In deportation proceedings, the Wakilehs sought asylum and a withholding of deportation. On March 28, 1997, an Immigration Judge denied their applications, holding that the Wakilehs had provided insufficient evidence of past or future persecution. On appeal, the Board of Immigration Appeals affirmed. We deny the petition for review.

To qualify for asylum, the Wakilehs must demonstrate past persecution on account of their religion, or a well-founded fear of future persecution. “A well-founded fear of future persecution must be both ‘subjectively genuine’ and ‘objectively reasonable.’” Fisher v. INS, 79 F.3d 955, 960 (9th Cir.l996)(en banc). Because the standard of proof required for withholding of deportation is higher than that required for asylum, INS v. Cardoza-Fonseca, 480 U.S. 421, 449 , 107 S.Ct. 1207 , 94 L.Ed.2d 434 (1987), we analyze only the asylum application. We review the BIA’s factual determinations under the ‘substantial evidence’ standard. Ghebllawi v.…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.