Fantaye

MEMORANDUM *

Belainesh Fantaye petitions for review of a decision of the Board of Immigration Appeals (BIA) affirming the Immigration Judge (IJ) in denying her application for asylum, withholding of removal, and protection under the Convention Against Torture. We deny the petition for review.

Fantaye, a native and citizen of Ethiopia, filed an application for asylum in 2001, alleging persecution based on both her ethnicity as part of the Amhara tribe and her Seventh Day Adventist religion. The BIA denied her application on the merits, holding that Fantaye was not credible, and that even if she were credible, Fantaye did not establish past persecution or a well-founded fear of persecution. The BIA also rejected Fantaye’s claim that she was denied due process because of an allegedly inadequate translation at her hearing. Finally, the BIA denied Fantaye’s motion to reopen for consideration of new evidence.

Merits of Asylum Application

We agree with the BIA’s holding that even if Fantaye were credible, she still could not prevail on her asylum claim because she failed to carry her burden of showing past persecution or a well-founded fear of persecution. That holding is supported…