Bica

Bica v. Ashcroft

Good Law
70 F. App'x 462
United States Court of Appeals for the Ninth CircuitJuly 21, 2003No. 02-72498; Agency No. A76-368-791California503 words

Opinion

Lead Opinion

MEMORANDUM *

Xhevrie Bica, a citizen of Albania, petitions for review of the Board of Immigration Appeals’ denial of her application for asylum and withholding of removal. We grant the petition.

We recognize that the BIA’s determination that an alien is not eligible for asylum must be upheld if “ ‘supported by reasonable, substantial, and probative evidence on the record considered as a whole.’ ” INS v. Elias-Zacarias, 502 U.S. 478, 481 , *463 112 S.Ct. 812, 815 , 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 , 112 S.Ct. at 817 ; see also Ghaly v. INS, 58 F.3d 1425, 1429 (9th Cir.1995). The withholding standard is more stringent. See Ghaly, 58 F.3d at 1428-29 .

The difficulty with this case is that, in deciding the issues, the IJ used standards that were much more burdensome than the law…

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