Dunton

Dunton v. Ashcroft

Good Law
86 F. App'x 345
United States Court of Appeals for the Ninth CircuitJanuary 21, 2004No. 03-70001; Agency No. A75-715-693California543 words

Opinion

Lead Opinion

MEMORANDUM *

Dunton petitions for review of the Board of Immigration Appeals’ (“BIA”) denial without opinion of her application for asylum and withholding of removal. An asylum applicant bears the burden of proving refugee status. 8 C.F.R. § 208.13 (a). “A ‘refugee’ is defined as an alien who is unable or unwilling to return to his home country ‘because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.’ ” Sangha v. INS, 103 F.3d 1482, 1486 (9th Cir.1997) (quoting 8 U.S.C. § 1101 (a)(42)(A)). “ ‘Persecution’ may be inflicted either by the government or by persons or organizations which the government is unable or unwilling to control.” Id. at 1487 . In order “to reverse the BIA finding we must find that the evidence not only supports that conclusion, but compels it.” Id. (quoting INS v. Elias-Zacarias, 502 U.S. 478 , 481 n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992)). Dunton’s petition fails on several grounds.

The record does not support, let alone compel, the conclusion that Dunton’s claimed abuse was on account of her Catholic identity or her being a Catholic child born…

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