Balla

MEMORANDUM ***

Martin Attila Balia, a native and citizen of Romania, petitions for review of the decision of the Board of Immigration Appeals (“BIA”) dismissing his appeal from an Immigration Judge’s (“IJ”) decision denying his applications for asylum and withholding of deportation under 8 U.S.C. § 1158 and 1281(b)(3). Balia alleged that he was subjected to persecution and faced future persecution should he return to Romania, including being beaten and incarcerated, on account of his Hungarian ethnicity and imputed political opinion.

We have jurisdiction pursuant to INA § 242(b); 8 U.S.C. §§ 1252 (b), and we deny Balia’s petition for review. Because the parties are familiar with the factual and procedural history of this case, we do not recount it here except as necessary to explain our decision.

The BIA’s decision that an alien has not established eligibility for asylum is reviewed under the substantial evidence standard. See Ochave v. INS, 254 F.3d 859, 861-62 (9th Cir.2001). Thus, the BIA’s determination that an alien is not eligible for asylum must be upheld if supported by reasonable, substantial, and probative evidence in the record. See INS. v. Elias-Zacarias, 502 U.S.…