Alba-Gomez

Alba-Gomez v. Ashcroft

Good Law
118 F. App'x 236
United States Court of Appeals for the Ninth CircuitDecember 13, 2004Nos. 03-74770, A79-525-644, A78-112-437, A79-525-650, A78-112-438; Agency Nos. A79-525-644, A78-112-437, A79-525-650, A78-112-438California620 words

Opinion

Lead Opinion

MEMORANDUM **

Jairo Armando Alba-Gomez, his wife, Gilma Rodriquez-Prieto, and their children, Gilma Patricia Alba-Rodriguez and John Alejandro Alba-Rodriguez, natives and citizens of Colombia, petition for review of the Board of Immigration Appeals’ (BIA) denial of their application for asylum and withholding of removal. 1 We deny their petitions.

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). “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 Ghaly v. INS, 58 F.3d 1425, 1429 (9th Cir.1995). Where an asylum claim is involved, an alien must show either past persecution or a well-founded…

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