Boidya

Boidya v. Gonzales

Good Law
177 F. App'x 555
United States Court of Appeals for the Ninth CircuitApril 10, 2006No. 03-73399California532 words

Opinion

Lead Opinion

MEMORANDUM **

Allen Rupok Boidya, a native and citizen of Bangladesh, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision affirming the immigration judge’s (“IJ”) denial of his applications for asylum, withholding of removal and relief under the Convention Against Torture (“CAT”). 1 We review the BIA’s decision for substantial evidence and will reverse “only if the applicant shows that the evidence compels the conclusion that the asylum decision was incorrect.” Xiaoguang Gu v. Gonzales, 429 F.3d 1209, 1212-13 (9th Cir.2005) (citations omitted). Because substantial evidence supports the BIA’s decision, we deny the petition for review. See Nagoulko v. INS, 333 F.3d 1012, 1015 (9th Cir.2003).

Boidya does not contend that he suffered past persecution. He therefore bears the burden of establishing a well-founded fear of future persecution. Hoxha v. Ashcroft, 319 F.3d 1179, 1182 (9th Cir.2003). Although Boidya’s credible testimony established he subjectively fears future persecution by Islamic fundamentalists on account of his Christian religion, 2 see Kaiser v. Ashcroft, 390 F.3d 653, 658 (9th Cir.2004), substantial evidence supports the IJ’s conclusion that…

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