Atayan

Atayan v. Holder

Good Law
312 F. App'x 62
United States Court of Appeals for the Ninth CircuitFebruary 11, 2009No. 05-71218California979 words

Opinion

Lead Opinion

MEMORANDUM ****

Lilia Ervandovna Atayan, a citizen of Armenia, petitions for review of the order of the Board of Immigration Appeals (“BIA”), which denied Atayan’s application for asylum, withholding of removal, and relief under the United Nations Convention Against Torture (“CAT”). We deny the petition.

In reviewing the BIA’s order denying claims for asylum and withholding of removal, we must determine whether the decision is supported by substantial evidence. 2 Ahmed v. Keisler, 504 F.3d 1183, 1191 (9th Cir.2007). “[W]e may grant the petition for review only if the evidence presented by [the petitioner] is such that a reasonable fact-finder would be compelled to conclude that the requisite fear of persecution existed.” Khourassany v. INS, 208 F.3d 1096, 1100 (9th Cir.2000) (emphasis added); see also INS v. Elias-Zacarias, 502 U.S. 478 , 481 n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992) (“To reverse the BIA finding we must find that the evidence not only supports that conclusion, but compels it....”).

The petitioner bears the burden of proving asylum eligibility. See 8 U.S.C. § 1158 (b)(1) (2002). To be eligible for asylum, an applicant must establish that she is a refugee —…

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