Gomez

Gomez v. Immigration

Good Law
45 F. App'x 615
United States Court of Appeals for the Ninth CircuitAugust 20, 2002Nos. 01-71610, A70-640-009, A70-640-010, A70-640-011, A70-640-012California431 words

Opinion

Lead Opinion

*616 MEMORANDUM **

Hector Lacónico Gomez and derivatively his wife and two children, natives and citizens of the Philippines, petition for review of a final order of deportation issued by the Board of Immigration Appeals (“BIA”) dismissing Gomez’ appeal from the Immigration Judge’s (“IJ”) denial of his applications for asylum and withholding of deportation under the Immigration and Nationality Act §§ 208(a) and 243(h), 8 U.S.C. §§ 1158 (a), 1253(h). We have jurisdiction under 8 U.S.C. § 1105a(a), as amended by IIRIRA § 309(c), see Avetova-Elisseva v. INS, 213 F.3d 1192 , 1195 n. 4 (9th Cir.2000), 1 and we deny the petition for review.

We review final orders of removal from the BIA under the substantial evidence standard. Prasad v. INS, 47 F.3d 336, 338-39 (9th Cir.1995). Reversal of the BIA is appropriate only if the record evidence is so “compelling that no reasonable fact finder could fail to find the requisite persecution or fear of persecution.” INS v. Elias-Zacarias, 502 U.S. 478, 483-84 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). If the record contains substantial evidence supporting the denial of asylum and withholding of deportation, we must affirm. Id:

Gomez contends that…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.