Sesay

MEMORANDUM **

Substantial evidence supports the BIA’s finding that Musa Sesay did not suffer persecution on account of a protected ground. The evidence does not compel a finding that Sesay’s persecution, if any, was on account of a political opinion, and Sesay’s resistance to recruitment by a guerilla movement is insufficient to provide this nexus. See INS v. Elias-Zacarias, 502 U.S. 478, 481-82 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). Because Sesay did not prove he was eligible for asylum, his asylum application was properly denied. See 8 U.S.C. § 1158 (b)(1)(B)(i).

“[I]n order to be eligible for asylum under the new [humanitarian asylum regulation], an applicant must still establish past persecution on account of a protected ground.... ” Belishta v. Ashcroft, 378 F.3d 1078, 1080 (9th Cir.2004) (order); see also *116 8 C.F.R. § 1208.13 (b)(1)(iii). Because substantial evidence supports the BIA’s finding that Sesay failed to establish past persecution on account of a protected ground, Sesay necessarily failed to establish threshold eligibility for humanitarian asylum. Any error committed by the BIA in failing to articulate the denial of Sesays humanitarian asylum claim was…