Chandok

Chandok v. Gonzales

Good Law
143 F. App'x 817
United States Court of Appeals for the Ninth CircuitSeptember 8, 2005No. 02-74076California375 words

Opinion

Lead Opinion

MEMORANDUM **

Norma K. Chandok 1 petitions for review of the Board of Immigration Appeals’ denial of her application for asylum and withholding of removal. 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-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812, 815 , 117 L.Ed.2d 38 (1992) (internal quotation marks 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 alien must show either past persecution or a well-founded fear of future persecution that is “both subjectively genuine and objectively reasonable.” Fisher v. INS, 79 F.3d 955, 960 (9th Cir.1996) (en…

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.