Gimalay

Gimalay v. Immigration & Naturalization Service

Good Law
55 F. App'x 826
United States Court of Appeals for the Ninth CircuitJanuary 27, 2003No. 01-70700; INS No. A70-542-947California451 words

Opinion

Lead Opinion

MEMORANDUM **

Petitioner Anna Liza Gimalay appeals from the Board of Immigration Appeals’ (“BIA”) decision to deny her application for asylum and withholding of deportation under sections 208 and 243(h) of the Immigration and Nationality Act, 8 U.S.C. §§ 1158 , 1253(h) (1994). We have jurisdiction under former 8 U.S.C. § 1105 (a), as amended by the transitional rules for judicial review in section 309(c)(4) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.

Ms. Gimalay argues that the BIA erred in holding that she had not demonstrated a well-founded fear of persecution on account of one of the five protected grounds and asserts that she was persecuted on account of her political opinion. In order to demonstrate eligibility for asylum or withholding of deportation, Petitioner must show that any persecution she suffered in the past, or fears in the future, occurred on account of her race, religion, nationality, membership in a particular social group, or political opinion. INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992).

We must uphold the BIA’s decision that an applicant was not eligible for asylum if it is supported by…

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