Selvaratnam

Selvaratnam v. Ashcroft

Good Law
81 F. App'x 907
United States Court of Appeals for the Ninth CircuitNovember 20, 2003No. 02-71060California709 words

Opinion

Lead Opinion

MEMORANDUM *

Thirukkamar Selvaratnam, a Tamil and a citizen of Sri Lanka, petitions for review of the Board of Immigration Appeals’ dismissal of an Immigration Judge’s denial of his claim for asylum, withholding of removal, and relief under the Torture Convention. 1 We deny the petition.

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 , 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). Credibility determinations are judged by the same basic standard. See Gui v. INS, 280 F.3d 1217, 1225 (9th Cir.2002); Cor don-Garcia v. INS,…

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