Palaca

MEMORANDUM ***

Petitioners Ernesto Polinar Palaca (“Palaca”) and Nellie Lorenzo Palaca, natives and citizens of the Philippines, seek review of the decision of the Board of Immigration Appeals (“BIA”) finding that they failed to demonstrate eligibility for asylum and withholding of deportation and dismissing their appeal from the adverse decision of the immigration judge (“IJ”). This case is governed by the transitional rules, and we have jurisdiction under former 8 U.S.C. § 1105a(a). See Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997).

The Palacas have failed to demonstrate that the evidence in the record compels a conclusion that they are eligible for asylum. See Khup v. Ashcroft, 376 F.3d 898, 902 (9th Cir.2004). The BIA appears to have made an implicit finding that Palaca is credible; in its first opinion the BIA concluded that the IJ’s adverse credibility determination was not supported by evidence in the record, and in its second opinion the BIA assumed Palaca’s credibility and affirmed the IJ only with respect to his determination that the Palacas had failed to demonstrate eligibility for relief.

Palaca’s testimony, if believed, compels a conclusion that he was the…