Antonio-Francisco
Antonio-Francisco v. Ashcroft
Opinion
Lead Opinion
MEMORANDUM *
Juan Antonio-Francisco petitions for review of a decision by the Board of Immigration Appeals (“BIA”) summarily affirming of the decision of an immigration judge (“IJ”) to deny his application for asylum and withholding of removal. We deny the petition for review.
We have jurisdiction over this petition for review under 8 U.S.C. § 1252 (b). We review factual determinations of an applicant’s eligibility for asylum and withholding of removal for “substantial evidence.” INS v. Elias-Zacarias 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). Because the BIA adopted the IJ’s decision without opinion, we review the IJ decision as the Board’s own. Alaelua v. INS, 45 F.3d 1379, 1381-82 (9th Cir.1995). Because the IJ did not make an explicit adverse credibility finding, the testimony and declarations of petitioner and his brother must be accepted as true. Katana v. INS, 232 F.3d 1107, 1113 (9th Cir. 2000).
An alien is eligible for asylum as a refugee if he is unable or unwilling to return to his country of origin because of a well-founded fear of future persecution on account of race, religion, nationality, membership in a particular social group, or political…