Ellen

Ellen v. Holder

Good Law
333 F. App'x 191
United States Court of Appeals for the Ninth CircuitJune 5, 2009No. 05-75485California422 words

Opinion

Lead Opinion

MEMORANDUM ***

Petitioners Vera Ellen, Roy Simajintock, Rebecca Lydia, and Renaldo Steven seek review of the Board of Immigration Appeals’ (“BIA”) decision denying them asylum under section 208 of the Immigration and Nationality Act, 8 U.S.C. § 1158 , withholding of removal under section 241 of the Act, 8 U.S.C. § 1231 (b)(3), and relief under Article 3 of the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (“CAT”), opened for signature Feb. 4, 1985, S. Treaty Doc. No. 100-20, at 20 (1988). We deny the petition.

Because the BIA agreed with the findings and conclusions of the immigration-judge (“U”) and added its own reasons, we review both decisions. Kataria v. INS, 232 F.3d 1107, 1112 (9th Cir.2000). We review for substantial evidence the determination that a petitioner is not eligible for asylum and other related relief. Id. “To prevail, the applicant must show that the evidence not only supports, but compels the conclusion that the asylum decision was incorrect.” Id. Because the IJ found Petitioners credible, their testimony must be taken as true. Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009).

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