Jhamb

Jhamb v. Ashcroft

Good Law
97 F. App'x 95
United States Court of Appeals for the Ninth CircuitApril 21, 2004No. 02-73471; Agency No. A70-947-994California599 words

Opinion

Lead Opinion

MEMORANDUM ***

Rajinder Kumar Jhamb petitions for review of the Board of Immigration Appeals’ (“BIA”) denial of his application for asylum and withholding of deportation. We *96 have jurisdiction pursuant to 8 U.S.C. § 1252 . We affirm.

We review for substantial evidence the BIA’s denial of an application for asylum on the ground that the alien has not establish eligibility. Cardenas v. INS, 294 F.3d 1062, 1065 (9th Cir.2002). The decision must be affirmed if supported by reasonable, substantial, and probative evidence in the record. Id. (citing INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992)).

An applicant may qualify for asylum by showing either past persecution or a well-founded fear of future persecution. 8 C.F.R. § 208.13 (b). The application may be denied, however, if it is shown that “[t]he applicant could avoid future persecution by relocating to another part of the applicant’s country of nationality ... and under all circumstances, it would be reasonable to expect the applicant to do so.” 8 C.F.R. § 208.13 (b)(l)(i)(B). When past persecution has been found, as the BIA presumed in this case, the government has the burden to show that it…

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