Retta

Retta v. Immigration & Naturalization Service

Good Law
31 F. App'x 457
United States Court of Appeals for the Ninth CircuitFebruary 25, 2002No. 01-70138; INS No. A70-036-570California304 words

Opinion

Lead Opinion

MEMORANDUM **

Kebede Retta, a native and citizen of Ethiopia, petitions for review of the Board of Immigration Appeals’ (“BIA”) dismissal of his appeal from an immigration judge’s denial of his applications for asylum and withholding of deportation. We have jurisdiction pursuant to 8 U.S.C. § 1105a(a), and we deny the petition.

We review the BIA’s factual determinations under the substantial evidence standard. Ghaly v. INS, 58 F.3d 1425, 1429 (9th Cir.1995). We must uphold the BIA’s decision unless the evidence compels a con *458 trary result. INS v. Elias-Zacarias, 502 U.S. 478 , 481 n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992).

Because Retta did not allege that he suffered any past persecution, he is eligible for asylum only if he can demonstrate that he has a “well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.” 8 U.S.C. § 1101 (a)(42)(A). “Establishing the well-founded fear of persecution sufficient to qualify for asylum requires a ‘subjectively genuine’ and ‘objectively reasonable’ fear of persecution.” Velarde v. INS, 140 F.3d 1305, 1309 (9th Cir.1998).

The record does not compel the…

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