Fessahaie-Ghebremarian

Fessahaie-Ghebremarian v. Gonzales

Good Law
162 F. App'x 717
United States Court of Appeals for the Ninth CircuitJanuary 10, 2006No. 03-72738; Agency No. A77-353-910California451 words

Opinion

Lead Opinion

MEMORANDUM *

Stefanos Fessahaie-Ghebremarian petitions for review of the decision of the Board of Immigration Appeals (BIA) denying him relief on his application for asylum, withholding of removal, and protection under the Convention Against Torture. We deny the petition for review.

In July 2001, Petitioner, a native and citizen of Ethiopia, filed an application for asylum based on his mixed Ethiopian-Eritrean ethnicity. There is no dispute that the Petitioner was not the subject of past persecution. To make a showing of a well-founded fear of persecution, the Petitioner’s fear must be both subjectively genuine and objectively reasonable. Duarte de Guinac v. I.N.S., 179 F.3d 1156, 1159 (9th Cir.1999). The Petitioner satisfied the subjective fear requirement by credibly testifying that he genuinely fears persecution based on his mixed ethnicity. To establish that his fear is objectively reasonable, the Petitioner must show “credible, direct, and specific evidence in the record” of facts supporting his fear of persecution. Ghaly v. I.N.S., 58 F.3d 1425, 1428 (9th Cir.1995) (quoting Arriaga-Barrientos v. I.N.S., 925 F.2d 1177, 1178-79 (9th Cir.1991)). We review the BIA’s holding…

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