Hakhverdian

Hakhverdian v. Ashcroft

Good Law
115 F. App'x 365
United States Court of Appeals for the Ninth CircuitDecember 13, 2004No. 03-71833California580 words

Opinion

Lead Opinion

MEMORANDUM **

Hilda Hakhverdian, a native of Iran and citizen of Armenia, petitions for review of the Board of Immigration Appeals’ (BIA) denial of her application for asylum and withholding of removal. 1 We deny her petition and remand.

A petitioner seeking asylum must show that she is unwilling to return to her country of origin because of past persecution or a well-founded subjectively and objectively reasonable fear of future persecution on account of her race, religion, nationality, membership in a social group, or political opinion. See Kebede v. Ashcroft, 366 F.3d 808, 811 (9th Cir.2004); Melkonian v. Ashcroft, 320 F.3d 1061, 1064-65 (9th Cir.2003); Fisher v. INS, 79 F.3d 955, 960 (9th Cir.1996) (en banc).

The BIA’s determination that an alien is not eligible for asylum must be upheld if “ ‘supported by reasonable, substantial, and probative evidence on the record considered as a whole.’ ” INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812, 815 , 117 L.Ed.2d 38 (1992) (citation omitted). “It can be reversed only if the evidence presented ... was such that a reasonable factfinder would have to conclude that the requisite fear of persecution existed.” Id. When an…

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.