Mumun

Mumun v. Ashcroft

Good Law
114 F. App'x 329
United States Court of Appeals for the Ninth CircuitNovember 29, 2004No. 03-71408California301 words

Opinion

Lead Opinion

MEMORANDUM *

Mahmoud Emin Mumun petitions for review of a Board of Immigration Appeals (“BIA”) decision dismissing his appeal from an immigration judge’s denial of his application for asylum and withholding of removal. We deny the petition for review. *330 Because the parties are familiar with the factual and procedural history of this case, we will not recount it here.

Because the BIA conducted an independent review of the record, we review the BIA’s decision under the substantial evidence standard and must uphold it unless the evidence compels a reasonable factfinder to reach a contrary result. See Pal v. INS, 204 F.3d 935 , 937 n. 2 (9th Cir.2000).

The BIA issued its decision under the assumption that Mumun had established past persecution and was therefore entitled to a presumption of a well-founded fear of future persecution. Substantial evidence supports the BIA’s conclusion that the government rebutted the presumption afforded by past persecution by changed country conditions in Bulgaria. The BIA specifically relied upon the change in government following the 1996 and 1997 elections, economic and anti-corruption reforms, the State Department’s report of improved…

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