Hayrapetyan

Hayrapetyan v. Ashcroft

Good Law
119 F. App'x 67
United States Court of Appeals for the Ninth CircuitDecember 13, 2004No. 03-73393; Agency Nos. A75-710-533, A77-217-560, A77-217-559California544 words

Opinion

Lead Opinion

MEMORANDUM **

Emma Hayrapetyan, a native of Azerbaijan and citizen of Armenia, and her husband, Levon Asatrian, and daughter, Alla Asatrian, who both are natives and citizens of Armenia, petition for review of the Board of Immigration Appeals’ (BIA) denial of their application for asylum, withholding of removal, and relief under the Convention Against Torture. 1 We deny the petition.

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-Zaca rias, 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 Ghaly v. INS, 58 F.3d 1425, 1429 (9th Cir.1995).

Where an asylum claim is involved, an…

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