Thevanayagam

Thevanayagam v. Mukasey

Good Law
254 F. App'x 631
United States Court of Appeals for the Ninth CircuitNovember 16, 2007No. 04-73319California527 words

Opinion

Lead Opinion

MEMORANDUM ***

Pelagia Florence Thevanayagam, a native and citizen of Sri Lanka, petitions for *632 review of the Board of Immigration Appeals’ denial of her application for asylum, withholding of removal, and relief under the Convention Against Torture. 1 We deny the petition.

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). “It can be reversed only if the evidence presented ... was such that a reasonable factfinder would have to conclude that the requisite fear of persecution existed.” Id. When an alien seeks to overturn the BIA’s adverse determination, “he must show that the evidence he presented was so compelling that no reasonable factfinder could fail to find the requisite fear of persecution.” Id. at 483-84 , 112 S.Ct. at 817 ; see also Ghaly v. INS, 58 F.3d 1425, 1429 (9th Cir.1995). When an asylum claim is made, an alien must show either past persecution or a well-founded fear of future persecution that is both “subjectively genuine and objectively…

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