Gomez-Pelico

Gomez-Pelico v. Ashcroft

Good Law
44 F. App'x 809
United States Court of Appeals for the Ninth CircuitAugust 15, 2002No. 01-71866; INS No. A70 773 732California427 words

Opinion

Lead Opinion

MEMORANDUM **

Manuel Gomez-Pelico, a citizen of Guatemala, petitions for review of the Board of *810 Immigration Appeals’ denial of his application for asylum and withholding of deportation. We have jurisdiction pursuant to former 8 U.S.C. § llOSa(a), 1 and we deny the petition.

The BIA’s determination that an alien is not eligible for asylum must be upheld if it is “ ‘supported by reasonable, substantial, and probative evidence on the record considered as a whole.’ ” INS v. Elias-Zaca-rias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 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 to find the requisite fear of persecution.” Id. at 483-84 ; see also Cordon-Garcia v. INS, 204 F.3d 985, 990 (9th Cir.2000); 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…

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