Luza

Luza v. Immigration & Naturalization Service

Good Law
33 F. App'x 265
United States Court of Appeals for the Ninth CircuitFebruary 14, 2002No. 00-71328; I & NS No. A70-096-526 A70-096-527 A70-096-528California690 words

Opinion

Lead Opinion

MEMORANDUM **

Miguel Labab Luza, Jr. (“Luza”), his wife, Gloria Yabut Luza, and their daughter, Michelle Yabut Luza are citizens of the Philippines. They petition for review of the Board of Immigration Appeals’ (“BIA”) dismissal of their appeal from the immigration judge’s (“IJ”) denial of their application for asylum and withholding of deportation. Because the deportation proceedings commenced prior to April 1,1997, we have jurisdiction pursuant to 8 U.S.C. § 1105a. We deny the petition for review because the record does not compel us to conclude that the New People’s Army (“NPA”) persecuted Luza, even in part, due to his ideological beliefs.

1. Standard of Review.

When the BIA expressly adopts the IJ’s decision, as it did here, we review both the BIA’s and IJ’s decisions. Scales v. INS, 232 F.3d 1159, 1162 (9th Cir.2000). We review factual determinations regarding an applicant’s statutory eligibility for asylum under an extremely deferential “substantial evidence” standard. INS v. Elias-Zacarias, 502 U.S. 478 , 481 n. 1, 112 S.Ct. 812 , 117 L.Edüd 38 (1992). To obtain reversal, Luza must show that “the evidence not only supports [his] conclusion, but compels it.” Id.; Sangha…

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