Elian

Elian v. Ashcroft

Good Law
103 F. App'x 78
United States Court of Appeals for the Ninth CircuitJune 2, 2004No. 02-72752, A72-442-851California1,044 words

Opinion

Lead Opinion

MEMORANDUM **

We examine whether the denials of petitioner Joseph Elian’s applications for asylum, withholding of deportation, and protection under the Convention Against Torture (“CAT”) were supported by substantial evidence. We find that they were and deny his petition for review on the merits.

We have jurisdiction over Elian’s petition pursuant to the Immigration and Nationality Act § 106(a), 8 U.S.C. § 1105a(a) (1995) (repealed), as modified by the Illegal Immigration Reform and Immigrant Responsibility Act’s transitional rules, Pub.L. No. 104-208, 110 Stat. 3009 (1996). Because the Board of Immigration Appeals (“BIA”) affirmed the Immigration Judge’s (“IJ”) decision without opinion, we review the IJ’s decision as though it were the Board’s. Falcon Carriche v. Ashcroft, 350 F.3d 845, 851 (9th Cir.2003). The IJ’s factual findings are reviewed under the substantial evidence standard. INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). To obtain reversal, Elian must show that “the evidence not only supports that conclusion, but compels it.” Id. at 481 n. 1, 112 S.Ct. 812 . 2 The record clearly supports the IJ’s determination that Elian is…

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