Hossan

Hossan v. Ashcroft

Good Law
110 F. App'x 782
United States Court of Appeals for the Ninth CircuitSeptember 21, 2004No. 02-72074; Agency No. A70-940-128California321 words

Opinion

Lead Opinion

MEMORANDUM ***

Ali Amzad Hossan, a native and citizen of Bangladesh, petitions for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of an immigration judge’s (“IJ”) denial of his application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review the BIA’s factual findings regarding changed country conditions for substantial evidence. Lopez v. Ashcroft, 366 F.3d 799, 805 (9th Cir.2004). We deny the petition for review.

The IJ’s determination that changed country conditions have undermined Hossan’s well-founded fear of future persecution is supported by substantial evidence. The IJ based her decision on Hossan’s own testimony that the Bangladesh Nationalist Party is no longer in power and the new ruling party, the Awami League, has released former Jatiyo President Ershad from prison. See Acewicz v. INS, 984 F.2d 1056, 1059-1061 (9th Cir.1993) (evidence that persecuting party no longer controls the government supports finding of no well-founded fear).

Because Hossan failed to establish eligibility for asylum, he necessarily failed to meet the more stringent standard for withholding of removal. See Fisher v. INS, 79 F.3d…

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