Haile

Haile v. Mukasey

Good Law
303 F. App'x 510
United States Court of Appeals for the Ninth CircuitDecember 16, 2008No. 05-70876California453 words

Opinion

lead Opinion

MEMORANDUM ***

Yeshewaget Getachew Haile, a citizen and native of Ethiopia and of Eritrean descent, petitions for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of the Immigration Judge’s (“IJ”) decision denying her application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 , and we deny Haile’s petition for review.

Where the BIA affirms without opinion an IJ’s decision, we review the IJ’s decision as if it were the decision of the BIA. Zehatye v. Gonzales, 453 F.3d 1182, 1184 (9th Cir.2006). We review the agency’s factual findings for substantial evidence. See id. at 1184-85 . For instance, the agency’s determination that an applicant is not eligible for asylum “can be reversed only if the evidence presented by [the applicant] was such that a reasonable factfinder would have to conclude that the requisite fear of persecution existed.” INS v. Elias-Zaearias, 502 U.S. 478 , 481 & n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). “When the BIA finds past persecution but no well-founded fear of future persecution, we review its denial of humanitarian asylum for an abuse…

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