Alam

Alam v. Ashcroft

Good Law
107 F. App'x 61
United States Court of Appeals for the Ninth CircuitAugust 17, 2004No. 03-71263, A70-956-108California261 words

Opinion

Lead Opinion

MEMORANDUM **

Murshed Alam, a native and citizen of Bangladesh, petitions for review of the Board of Immigration Appeals’ summary affirmance of an immigration judge’s (“U”) denial of his application for asylum and withholding of deportation. We have jurisdiction pursuant to 8 U.S.C. § 1105a(a). Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997). We review for substantial evidence and will not reverse unless the evidence compels a contrary result. Garcia-Martinez v. Ashcroft, 371 F.3d 1066, 1074 (9th Cir.2004). We deny the petition for review.

We need not review the IJ’s adverse credibility finding because even assuming Alam testified credibly, the evidence does not compel the conclusion that members of the Bangladesh Nationalist Party (“BNP”) persecuted Alam at least in part on account of an enumerated ground. See Elias-Zacarias v. INS, 502 U.S. 478, 482-83 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992); cf. Hoque v. Ashcroft, 367 F.3d 1190, 1198 (9th Cir.2004). Likewise, the evidence does not compel the conclusion that Alam’s subjective fear of future persecution by members of the BNP and/or the Awami League is on account of an enumerated ground. See Elias-Zacarias, 502 U.S. at 482-83 ,…

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