Berhie

Berhie v. Immigration & Naturalization Service

Good Law
59 F. App'x 224
United States Court of Appeals for the Ninth CircuitMarch 18, 2003No. 02-70390; INS No. A72-40-737California356 words

Opinion

Lead Opinion

*225 MEMORANDUM *

Azieb George Berhie petitions for review of a final order of the Board of Immigration Appeals (“BIA”) denying her application for asylum and withholding of deportation pursuant to Sections 208(a) and 243(h) of the Immigration and Nationality Act (“INA”), 8 U.S.C. §§ 1158 (a), 1253(h). The BIA agreed with the decision of the Immigration Judge (“IJ”), concluding that Berhie “has failed to establish past persecution or a well-founded fear or clear probability of persecution in Ethiopia based on one of the five protected statutory grounds.”

We grant Berhie’s petition for review in part, on the ground that the BIA erroneously denied her claim of past persecution. We conclude “that the evidence presented was so compelling that no reasonable fact-finder could fail to find” past persecution. INS v. Elias-Zacarias, 502 U.S. 478, 483-84 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). It is significant that the IJ determined that Berhie was credible. Berhie was a victim of violence. In her family’s home, she witnessed her brother’s killing and her sister’s abduction. Based upon this evidence and the remainder of the record, Berhie established that her past persecution was on…

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