Zegarra-Cortez

Zegarra-Cortez v. Ashcroft

Good Law
81 F. App'x 701
United States Court of Appeals for the Ninth CircuitNovember 24, 2003No. 02-72572California445 words

Opinion

Lead Opinion

MEMORANDUM ***

The Board of Immigration Appeals (BIA) upheld the Immigration Judge’s (IJ) determination that Zegarra-Cortez did not qualify for a grant of asylum, withholding of removal, or protection under Article 3 of the Convention Against Torture. We affirm the BIA’s decision.

Burden of Proof

An alien bears the burden of establishing eligibility for asylum and withholding of removal. Singh-Kaur v. INS, 183 F.3d 1147, 1149 (9th Cir.1999). In order to satisfy the burden for asylum, “[a]n alien must show by credible, direct, and specific evidence an objectively reasonable basis for the claimed fear of persecution.” Id. The burden for withholding of removal is higher; an alien must demonstrate a “clear probability” that the alien’s life or freedom would be threatened upon returning home. Id. Therefore, if ZegarraCortez failed to establish eligibility for asylum, then he necessarily failed to establish eligibility for withholding of removal. Credibility

We review credibility findings of the IJ/ BIA under a “substantial evidence” standard. Singh-Kaur, 183 F.3d at 1149 . This is an extremely deferential standard that requires upholding the IJ/BIA’s findings unless the record…

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