Daniel

Daniel v. Ashcroft

Good Law
112 F. App'x 603
United States Court of Appeals for the Ninth CircuitOctober 25, 2004No. 03-73320; Agency No. A77-957-694California292 words

Opinion

Lead Opinion

MEMORANDUM **

Palone Mehare Daniel, a native of Ethiopia and citizen of Eritrea, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision affirming the Immigration Judge’s (“IJ”) denial of his application for asylum and withholding of removal and for relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence and will reverse the BIA’s determination only if the petitioner shows that the evidence compels such a result. INS v. Elias-Zacarias, 502 U.S. 478, 481, 483-84 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). We deny the petition.

Substantial evidence supports the BIA’s decision that petitioner failed to establish a well-founded fear of future persecution. Even assuming petitioner testified credibly, petitioner stated that the Eritrean government never threatened him, that he would not be harmed if he was returned to Eritrea, and that he has no fear, concern, or trepidation about being returned to Eritrea. Because petitioner has no fear of returning to Eritrea, he failed to show a *604 well-founded fear of future persecution. See Padash v. INS, 358 F.3d 1161, 1166 (9th Cir.2004).

By failing…

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