Belayneh
Belayneh v. Immigration & Naturalization Service
Opinion
Lead Opinion
MEMORANDUM **
Tsehay Belayneh, a citizen of Ethiopia, petitions for review of the Board of Immigration Appeals’ denial of her motion to reopen in order to assert a claim under the Convention Against Torture, as implemented by the Foreign Affairs Reform and Restructuring Act of 1998, Pub.L. 105-277, § 2242 , 112 Stat. 2681 , 2681-822 (Oct. 21, 1998). 1 We deny the petition.
(1) The BIA determined that Belayneh did not spell out a prima facie ease under the Convention Against Torture. In order to do that, she had the burden of submitting evidence “establishing ‘substantial grounds for believing that [she] would be in danger of being subjected to torture” ’ in Ethiopia. Kamalthas v. INS, 251 F.3d 1279, 1284 (9th Cir.2001) (citation omitted). On the record before it, the BIA determined that she had failed so to do. 2 We are not able to say that the BIA’s decision constituted reversible error. See INS v. Aguirre-Aguirre, 526 U.S. 415, 423-25 , 119 S.Ct. 1439, 1445-16 , 143 L.Ed.2d 590 (1999); INS v. Elias-Zacarias, 502 U.S. 478, 483-84 , 112 S.Ct. 812, 817 , 117 L.Ed.2d 38 (1992); Cordon-Garcia v. INS, 204 F.3d 985, 990 (9th Cir.2000).
(2) Belayneh also asserts that the reopening…