Hajji

Hajji v. Mukasey

Good Law
268 F. App'x 514
United States Court of Appeals for the Ninth CircuitFebruary 25, 2008No. 04-73500California604 words

Opinion

lead Opinion

MEMORANDUM ***

Petitioner Bonjemaa Hajji, a Moroccan native and citizen, petitions for review *515 from the denial of his applications for asylum and withholding of removal. The facts and procedural posture of the case are known to the parties, and we do not repeat them here.

The BIA’s decision that an alien has not established eligibility for asylum must be upheld if “supported by reasonable, substantial, and probative evidence on the record considered as a whole”. Gu v. Gonzales, 454 F.3d 1014, 1018 (9th Cir.2006) (citing INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992)). We must uphold the BIA’s denial unless Petitioner demonstrates that the evidence he presented “was so compelling that no reasonable factfinder could fail to find the requisite fear of persecution.” Elias-Zacarias, 502 U.S. at 483-84 , 112 S.Ct. 812 .

To prevail on an asylum claim, an applicant must demonstrate either past persecution or a well-founded fear of persecution on account of “race, religion, nationality, membership in a particular social group, or political opinion.” Gu, 454 F.3d at 1019 . Hajji does not claim that he has suffered past persecution. Thus, to prevail,…

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