Bako v. Gonzales
Bako v. Gonzales
Opinion
Hailu Habte Bako, a native and citizen of Ethiopia, petitions for review of an order of the Board of Immigration Appeals (Board) affirming the immigration judge’s denial of his application for asylum, withholding of removal, and protection under the Convention Against Torture. * Bako challenges the Board’s ruling that he did not establish his eligibility for asylum. We will reverse the Board’s asylum ruling “only if ‘the evidence presented was so compelling that no reasonable factfinder could fail to find the requisite fear of persecution.’ ” Rusu v. INS, 296 F.3d 316, 325 n. 14 (4th Cir. 2002) (quoting Huaman-Cornelio v. Bd. of Immigration Appeals, 979 F.2d 995, 999 (4th Cir. 1992) (internal quotation marks omitted)). We have reviewed the record and the Board’s decision, and conclude that Bako fails to demonstrate that the evidence compels a different result.
Bako also complains that the immigration judge denied his due process rights by refusing to allow him to present evidence that might entitle him to asylum based solely on the severity of past persecution, under 8 C.F.R. § 1208.13(b)(1)(A) (2005). We conclude that this claim entitles Bako to no relief because he has failed to demonstrate any prejudice. Rusu, 296 F.3d at 320.
Accordingly, we deny Bako’s petition for review. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.
PETITION DENIED
As Bako does not challenge the denial of withholding of removal or relief under the Convention Against Torture on appeal, those issúes are not before us.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.