Chemie

Chemie v. Ashcroft

Good Law
107 F. App'x 114
United States Court of Appeals for the Ninth CircuitAugust 18, 2004No. 03-71668California403 words

Opinion

Lead Opinion

MEMORANDUM **

Fidel Chemie, a native and citizen of Nigeria, petitions for review of the Board of Immigration Appeals’ (“BIA’s”) streamlined affirmance of the Immigration Judge’s (“IJ’s”) denial of his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 (a)(1). We deny the petition.

Although Petitioner’s subjective fear of persecution in Nigeria is credible, he cannot demonstrate by direct, credible, and specific evidence in the record that his fear has a reasonable and objective basis. See Diaz-Escobar v. INS, 782 F.2d 1488, 1493 (9th Cir.1986). Substantial evidence therefore supports the IJ’s conclusion that Petitioner is ineligible for asylum. See De Valle v. INS, 901 F.2d 787, 790 (9th Cir. 1990); INS v. Elias-Zacarias, 502 U.S. 478, 483-84 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). Failure to meet the standard for asylum necessarily precludes Petitioner from obtaining the relief of withholding of removal. See Ghaly v. INS, 58 F.3d 1425, 1429 (9th Cir.1995). Substantial evidence also supports the IJ’s denial of Petitioner’s application for relief under the CAT, as Petitioner…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.