Guindi

Guindi v. Gonzales

Good Law
171 F. App'x 622
United States Court of Appeals for the Ninth CircuitMarch 17, 2006No. 03-74006California388 words

Opinion

Lead Opinion

MEMORANDUM **

Petitioner Adel Fathy Guindi, a native and citizen of Egypt, seeks review of the Board of Immigration Appeals’ (“BIA”) denial of his application for asylum and withholding of removal based on religious persecution. Because the BIA affirmed without a separate opinion, we review the Immigration Judge’s (“U”) decision as the final agency determination. See 8 C.F.R. § 1003.1 (e)(4); Mamouzian v. Ashcroft, 390 F.3d 1129, 1133 (9th Cir.2004). “We must uphold the [IJ’s] decision if it is ‘supported by reasonable, substantial, and probative evidence on the record considered as a whole,’ ” and will only “reverse if a reasonable factfinder would be compelled to conclude that the requisite persecution or fear has been shown.” Id. (quoting INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992)). Because there is substantial evidence supporting the IJ’s decision, we deny the petition.

The burden is on the applicant for asylum to prove that he is a refugee within the meaning of 8 U.S.C. § 1101 (a)(42)(A). 8 U.S.C. § 1158 (b)(1)(B)®. “The testimony of the applicant may be sufficient to sustain the applicant’s burden without corroboration. ...” Id. at §…

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