Rai

Rai v. Mukasey

Good Law
302 F. App'x 715
United States Court of Appeals for the Ninth CircuitDecember 5, 2008No. 04-75784California383 words

Opinion

lead Opinion

MEMORANDUM **

Tika Rai, a native and citizen of the Federal Democratic Republic of Nepal, petitions for review of the Board of Immigration Appeals’ denial of her application for asylum 1 and withholding of removal. 2 We deny the petition.

The BIA’s determination that an alien is not eligible for asylum must be upheld if “ ‘supported by reasonable, substantial, and probative evidence on the record considered as a whole.’ ” INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812, 815 , 117 L.Ed.2d 38 (1992). “It can be reversed only if the evidence presented ... was such that a reasonable factfinder would have to conclude that the requisite fear of persecution existed.” Id.; see also Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.2003). When an alien seeks to overturn the BIA’s adverse determination, “he must show that the evidence he presented was so compelling that no reasonable fact-finder could fail to find the requisite fear of persecution.” Elias-Zacarias, 502 U.S. at 483-84 , 112 S.Ct. at 817 ; see also Ghaly v. INS, 58 F.3d 1425, 1429 (9th Cir.1995) (same). When an asylum claim is involved, an alien must show either past persecution, or a well-founded fear of future…

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