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Mejia v. I.N.S.

United States Court of Appeals, Ninth Circuit
Feb 13, 2001
4 F. App'x 357 (9th Cir. 2001)

Opinion


4 Fed.Appx. 357 (9th Cir. 2001) Milagroso Trinidad MEJIA, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 99-70665. I & NS No. A71-608-762. United States Court of Appeals, Ninth Circuit. February 13, 2001

Submitted February 9, 2001.

The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

Alien from Philippines petitioned for review of Board of Immigration Appeals order denying asylum. The Court of Appeals held that evidence supported finding that any fear of persecution was unreasonable.

Relief denied.

On Petition for Review of an Order of the Bureau of Immigration Appeals.

Before D.W. NELSON, O'SCANNLAIN, and KLEINFELD, Circuit Judges.

MEMORANDUM

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

Milagroso Trinidad Mejia ("Mejia"), a native and citizen of the Philippines, petitions for review of the Board of Immigration Appeals' ("BIA") decision affirming an Immigration Judge's denial of his application for asylum and withholding of deportation. We have jurisdiction to review a final order of the BIA pursuant to 8 U.S.C. § 1105a(a), as modified by the transitional rules of § 309(c)(4) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ("IIRIRA"), and we deny the petition.

Given the absence of any evidence connecting Mejia's political opinion or imputed political opinion to any incident of persecution, we cannot say the evidence is "so compelling that no reasonable factfinder could fail to find the requisite [persecution or] fear of future persecution." Elias-Zacarias, 502 U.S. at 484, 112 S.Ct. 812. Because Mejia failed to establish his eligibility for asylum, he necessarily failed to establish a claim for withholding of deportation. See Ghaly v. INS, 58 F.3d 1425, 1429 (9th Cir.1995).

PETITION DENIED.


Summaries of

Mejia v. I.N.S.

United States Court of Appeals, Ninth Circuit
Feb 13, 2001
4 F. App'x 357 (9th Cir. 2001)
Case details for

Mejia v. I.N.S.

Case Details

Full title:Milagroso Trinidad MEJIA, Petitioner, v. IMMIGRATION AND NATURALIZATION…

Court:United States Court of Appeals, Ninth Circuit

Date published: Feb 13, 2001

Citations

4 F. App'x 357 (9th Cir. 2001)