Sesay v. Holder
Sesay v. Holder
Opinion of the Court
MEMORANDUM
Substantial evidence supports the BIA’s finding that Musa Sesay did not suffer persecution on account of a protected ground. The evidence does not compel a finding that Sesay’s persecution, if any, was on account of a political opinion, and Sesay’s resistance to recruitment by a guerilla movement is insufficient to provide this nexus. See INS v. Elias-Zacarias, 502 U.S. 478, 481-82, 112 S.Ct. 812, 117 L.Ed.2d 38 (1992). Because Sesay did not prove he was eligible for asylum, his asylum application was properly denied. See 8 U.S.C. § 1158(b)(1)(B)(i).
“[I]n order to be eligible for asylum under the new [humanitarian asylum regulation], an applicant must still establish past persecution on account of a protected ground.... ” Belishta v. Ashcroft, 378 F.3d 1078, 1080 (9th Cir. 2004) (order); see also
PETITION DENIED.
This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.