Sayadi
Sayadi v. Gonzales
Opinion
Lead Opinion
MEMORANDUM *
Petitioner Seif Sayadi, a native and citizen of Tunisia, petitions for review of the Board of Immigration Appeals’ dismissal of his appeal from an Immigration Judge’s denial of his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). Petitioner also alleges violation of his right to due process. We deny the petition.
Substantial evidence does not compel a conclusion contrary to the IJ’s finding that Sayadi did not establish a well-founded fear of future persecution on account of being detained and questioned by the INS and FBI. An applicant seeking asylum bears the burden of proving that he has a well-founded fear of persecution if he returns to his country of citizenship. Kaiser v. Ashcroft, 390 F.3d 653 (9th Cir.2004). To establish a well-founded fear of future persecution, a “Petitioners’ fear must be both subjectively genuine and objectively reasonable.” Id. at 658 . Though Sayadi testified credibly as to his subjective fear, the IJ concluded that the evidence did not establish that Tunisia would treat Sayadi as a political activist or Islamic extremist. Without showing a reasonable possibility that he would be…