Mamalayan

Mamalayan v. Ashcroft

Good Law
71 F. App'x 657
United States Court of Appeals for the Ninth CircuitJuly 24, 2003No. 02-73010; INS No. A71-583-368California465 words

Opinion

Lead Opinion

MEMORANDUM **

Ciríaco Garcia Mamalayan, a native and citizen of the Philippines, petitions for review of the Board of Immigration Appeals’ (“BIA”) dismissal of his appeal from an immigration judge’s (“IJ”) denial of his applications for asylum and withholding of deportation. We apply the transitional rules under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, and we have jurisdiction under 8 U.S.C. § 1105a(a). See Garcia v. INS, 222 F.3d 1208 , 1209 n. 2 (9th Cir.2000) (per curiam). We review for substantial evidence and will reverse the BIA’s determination only if the petitioner shows that the evidence compels such a result. Cruz-Navarro v. INS, 232 F.3d 1024, 1028 (9th Cir.2000). We deny the petition.

Contrary to Mamalayan’s contention, the BIA adequately articulated its reasons for denying his asylum application by explicitly rejecting the IJ’s adverse credibility finding while agreeing with the IJ that Mamalayan had not carried his burden in estabhshing either past persecution or a well-founded fear of future persecution. See Alaelua v. INS, 45 F.3d 1379, 1382 (9th Cir.1995). That conclusion was supported by substantial evidence because the…

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