Shaker

Shaker v. Immigration & Naturalization Service

Good Law
35 F. App'x 350
United States Court of Appeals for the Ninth CircuitApril 17, 2002No. 01-70049; I & NS A72-776-719California544 words

Opinion

Lead Opinion

MEMORANDUM ***

Mina Latif Shaker, a citizen of Egypt, petitions for review of the Board of Immigration Appeals’ denial of his claim of asylum, withholding of deportation, and reopening and remand. We deny the petition.

The BIA’s determination that an alien is not eligible for asylum must be upheld if “ ‘supported by reasonable, substantial, and probative evidence on the record considered as a whole.’ ” INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812, 815 , 117 L.Ed.2d 38 (1992) (citation omitted). “It can be reversed only if the evidence presented ... was such that a reasonable factfinder would have to conclude that the requisite fear of persecution existed.” Id. When an alien seeks to overturn the BIA’s adverse determination “he must show that the evidence he presented was so compelling that no reasonable factfinder could fail *351 to find the requisite fear of persecution.” Id. at 483-84 , 112 S.Ct. at 817 ; see also Ghaly v. INS, 58 F.3d 1425, 1429 (9th Cir.1995).

Where an asylum claim is involved, an alien must show either past persecution or a well-founded fear of future persecution that is “both subjectively genuine and objectively reasonable.” Fisher v. INS, 79…

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