Qureshi

Qureshi v. Gonzales

Good Law
145 F. App'x 228
United States Court of Appeals for the Ninth CircuitSeptember 26, 2005No. 03-72131; Agency No. A72-542-267California671 words

Opinion

Lead Opinion

MEMORANDUM **

Mohammad Qureshi petitions for review of the Board of Immigration Appeals’s denial of his application for asylum, withholding of removal and relief under CAT. 1 We deny the petition.

(1) 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). Credibility determinations are judged by the same basic standard. See Li v. Ashcroft, 378 F.3d 959, 962 (9th Cir.2004); de Leor-Barrios v. INS, 116 F.3d 391, 393 (9th Cir.1997). In that area, however, we have added…

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