Jelkov

Jelkov v. Ashcroft

Good Law
98 F. App'x 640
United States Court of Appeals for the Ninth CircuitMay 13, 2004No. 03-71462California662 words

Opinion

Lead Opinion

MEMORANDUM ***

An applicant for asylum may demonstrate eligibility for such relief by showing that he was persecuted in his country of origin, thereby raising a presumption that he has a well-founded fear of future persecution, or by actually demonstrating an independent well-founded fear that is both subjectively genuine and objectively reasonable. See Fisher v. INS, 37 F.3d 1371, 1377 (9th Cir.1994). In either case, the government may introduce evidence demonstrating that circumstances have changed in the petitioner’s country of origin such that any presumption or objective evidence of a well-founded fear is overcome. See 8 C.F.R. 208.13(b)(1)(i); Montecino v. INS, 915 F.2d 518, 520 (9th Cir. 1990) (Objective circumstances “must be determined in the political, social and cultural milieu of the place where petitioner lived.”).

Even if we assume that Jelkov introduced evidence compelling the conclusion that he had been persecuted in the past “on account of’ a protected ground, he has failed to come forward with evidence that overcomes the IJ’s findings, supported by substantial evidence in the record, that circumstances have changed in Bulgaria with respect to both ethnic…

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