Abahamyan
Abahamyan v. Ashcroft
Opinion
Lead Opinion
MEMORANDUM **
Anzhela Abahamyan, her husband, Gagik Ghazaryan, and their daughter, Anahit Ghazaryan, citizens of Armenia, petition for review of the Board of Immigration Appeals’ denial of their applications for asylum and withholding of deportation. We grant the petition and remand.
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 con *235 sidered 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 alien seeks to overturn the BIA’s adverse determination, “he must show that the evidence he presented was so compelling that no reasonable factfinder could fail to find the requisite fear of persecution.” Id. at 483-84 , 112 S.Ct. at 817 ; see also Korablina v. INS, 158 F.3d 1038, 1043 (9th Cir.1998).
Where an asylum claim is involved, an alien must show either past persecution or a well-founded fear of future persecution that is…