Opinion
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NOT FOR PUBLICATION.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)
Petition to Review a Decision of the Immigration and Naturalization Service.
Before ALARCON, FERNANDEZ, and TASHIMA, Circuit Judges.
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 Cir. R. 36-3.
Morro B.K. Wally ("Petitioner"), a native and citizen of Gambia, petitions for
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review of a decision of the Board of Immigration Appeals, dismissing his appeal from a decision of an Immigration Judge ("IJ"). The IJ denied Petitioner's application for asylum and withholding of deportation, but granted Petitioner the privilege of voluntary departure. Although Petitioner's claims are not entirely without merit, we cannot say that the evidence is so compelling that "no reasonable factfinder could fail to find the requisite fear of persecution." Cruz-Navarro v. INS, 232 F.3d 1024, 1028 (quoting INS v. Elias-Zacarias, 502 U.S. 478, 483-84, 112 S.Ct. 812, 117 L.Ed.2d 38 (1992)).
Because deportation proceedings were commenced against Petitioner prior to April 1, 1997, and the final order of deportation was entered after October 30, 1996, we have jurisdiction over his petition under 8 U.S.C. § 1105a, as amended by § 309(c)(4) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. See Chand v. INS, 222 F.3d 1066, 1073 (9th Cir.2000).
Accordingly,
PETITION FOR REVIEW DENIED.