Asante

Asante v. Ashcroft

Good Law
94 F. App'x 626
United States Court of Appeals for the Ninth CircuitApril 12, 2004No. 02-73946; Agency No. A72-438-097California711 words

Opinion

Lead Opinion

MEMORANDUM ***

Albert Obeng Asante (“Asante”) petitions for review of the Board of Immigration Appeals’ (“BIA”) order affirming the Immigration Judge’s (“U”) decision. The IJ denied Asante’s application for asylum and withholding of deportation. Asante argues that there was not substantial evidence to support the IJ’s determination that Asante did not endure past persecution, and even if he had, there is no well-founded fear of future persecution. Because the evidence presented does not support an objective determination that Asante would face persecution upon his return to Ghana, we deny the petition.

The BIA’s denial of Asante’s application for asylum is reviewed for substantial evidence. Nagoulko v. INS, 333 F.3d 1012, 1015 (9th Cir.2003) (citing Shoafera v. INS, 228 F.3d 1070, 1073 (9th Cir.2000)). ‘We will reverse the [BIA] only where the evidence is such that a reasonable factfinder would be compelled to conclude that the requisite fear of persecution existed.” Ghaly v. INS, 58 F.3d 1425, 1429 (9th Cir.1995) (citing INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992)).

“An alien’s well-founded fear of persecution must be both subjectively…

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