Abebe

Abebe v. Mukasey

Good Law
257 F. App'x 51
United States Court of Appeals for the Ninth CircuitNovember 15, 2007No. 04-74770California617 words

Opinion

Lead Opinion

MEMORANDUM ****

Mekedesework Abebe, a native and citizen of Ethiopia, petitions for review of the Board of Immigration Appeals’ denial of her application for asylum, withholding of removal, and relief under the Convention Against Torture. 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, “[s]he must show that the evidence [s]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) (same). 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…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.