Mahmood

Mahmood v. Gonzales

Good Law
145 F. App'x 235
United States Court of Appeals for the Ninth CircuitSeptember 26, 2005No. 03-71869; Agency No. A75-480-648California535 words

Opinion

Lead Opinion

*236 MEMORANDUM ***

Tahir Mahmood petitions for review of the Board of Immigration Appeals’s denial of his 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). Credibility determinations are judged by the same basic standard. See Li v. Ashcroft, 378 F.3d 959, 962 (9th Cir.2004); Gui v. INS, 280 F.3d 1217, 1225 (9th Cir.2002); de Leon-Barrios v. INS, 116 F.3d 391 , 393 (9th Cir.1997). In that…

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