Ali

Ali v. Ashcroft

Good Law
95 F. App'x 882
United States Court of Appeals for the Ninth CircuitApril 20, 2004No. 02-72310California596 words

Opinion

Lead Opinion

MEMORANDUM ***

Mohammed Iskander Ali and Aparajeeta Ali, husband and wife, and their minor child, Fahim Tanzim Ali, natives and citizens of Bangladesh, petition for review of the Board of Immigration Appeals’ denial of their applications for asylum and withholding of deportation. 1 We deny the petitions.

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). Where an asylum claim is involved, an alien must show either past persecution or a well-founded fear of future persecution…

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