Hyseni

Hyseni v. Holder

Good Law
338 F. App'x 667
United States Court of Appeals for the Ninth CircuitJuly 20, 2009No. 04-72954California548 words

Opinion

Lead Opinion

*668 MEMORANDUM **

Edson Hyseni, a native and citizen of Albania, petitions for review of the Board of Immigration Appeals’ denial of his application for asylum 1 and denial of voluntary departure. 2 We deny the petition in part and dismiss in part.

(1) 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) (citation omitted). When an asylum claim is involved, an alien must show either past persecution, or a well-founded fear of future persecution that is “both subjectively genuine and objectively reasonable.” Fisher v. INS, 79 F.3d 955, 960 (9th Cir. 1996) (en banc).

The evidence before the IJ did not compel the conclusion that the attacks Hyseni complains of were by government agents or by people that the government was unable or unwilling to control. See Elias-Zacarias, 502 U.S. at 481 n. 1, 112 S.Ct. at 815 n. 1 (requiring that for us to reverse, evidence must “compel” contrary conclusion); Gormley v. Ashcroft, 364 F.3d 1172, 1177 (9th Cir.2004) (stating…

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