Ebbah

Ebbah v. Gonzales

Good Law
202 F. App'x 990
United States Court of Appeals for the Ninth CircuitOctober 23, 2006No. 05-72432California298 words

Opinion

Lead Opinion

MEMORANDUM **

Reul Bote Ebbah, a native and citizen of the Philippines, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision dismissing his appeal from an Immigration Judge’s (“IJ”) denial of his application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence and will uphold the BIA’s and *992 IJ’s decisions unless the evidence compels a contrary conclusion. INS v. Elias-Zacarias, 502 U.S. 478, 481, 483-84 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). We deny the petition.

Substantial evidence supports the BIA’s and IJ’s decisions, because the unfulfilled threats made against Ebbah do not constitute past persecution or form an adequate basis for a well-founded fear of future persecution. See Hoxha v. Ashcroft, 319 F.3d 1179, 1182 (9th Cir.2003); Quintanilla-Ticas v. INS, 783 F.2d 955, 957 (9th Cir.1986). Accordingly, he is not eligible for asylum.

Because Ebbah failed to establish eligibility for asylum, he necessarily failed to meet the more stringent standard for withholding of removal. See Fisher v. INS, 79 F.3d 955, 960-61 (9th Cir.1996) (en banc).

The BIA did not abuse its discretion in…

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