Jukic v. Immigr. & Naturalization Serv., 40 F.3d 747 (5th Cir. 1994). · Go Syfert
Jukic v. Immigr. & Naturalization Serv., 40 F.3d 747 (5th Cir. 1994). Cases Citing This Book View Copy Cite
“jukic has failed to demonstrate that he will be persecuted by either people based on his political opinion or social group, 'rather than because of his refusal to fight with them.”
160 citation events (136 in the last 25 years) across 2 distinct courts.
Strongest positive: Arboleda-Jaramillo v. Mukasey (ca5, 2008-07-16)
Treatment trajectory · 1997 → 2026 · click a year to view as-of
1997 2011 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Arboleda-Jaramillo v. Mukasey
5th Cir. · 2008 · signal: see · quote attribution · 1 verbatim quote · confidence high
jukic has failed to demonstrate that he will be persecuted by either people based on his political opinion or social group, 'rather than because of his refusal to fight with them.
discussed Cited as authority (rule) Argueta-Hernandez v. Garland
5th Cir. · 2023 · confidence medium
Furthermore, to show a well-founded fear of persecution, the applicant “must show that a reasonable person in the same circumstances would fear persecution if deported.” Orellana-Monson v. Holder, 685 F.3d 511, 518 (5th Cir. 2012) (citing Jukic v. INS, 40 F.3d 747, 749 (5th Cir. 1994)).
discussed Cited as authority (rule) Hernandez-Abrego v. Garland
5th Cir. · 2022 · confidence medium
The Attorney General may, within his discretion, grant asylum to a refugee, i.e., a person who is outside his country and “unable or unwilling to return ‘because of 2 Case: 19-60228 Document: 00516269259 Page: 3 Date Filed: 04/06/2022 No. 19-60228 persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.’” Jukic v. INS, 40 F.3d 747, 749 (5th Cir. 1994) (quoting 8 U.S.C. § 1101 (a)(42)(A)); 8 C.F.R. § 1208.13 (b).
cited Cited as authority (rule) Vasquez-Canas v. Garland
5th Cir. · 2022 · confidence medium
The Attorney General has the discretion to grant asylum to refugees. 8 U.S.C. § 1158 (b)(1); Jukic v. I.N.S., 40 F.3d 747, 749 (5th Cir. 1994).
discussed Cited as authority (rule) Kamaluddin Nikpay v. William Barr, U. S. Atty Gen
5th Cir. · 2020 · confidence medium
A showing of past persecution entitles an alien to a presumption of future persecution, 8 C.F.R. § 208.16 (b)(1)(i); otherwise, to demonstrate a well-founded fear of future persecution, an alien must show that “a reasonable person in the same circumstances would fear persecution if deported,” Orellana-Monson v. Holder, 685 F.3d 511, 518 (5th Cir. 2012) (Clement, J.) (quoting Jukic v. INS, 40 F.3d 747, 749 (5th Cir. 1994)).
discussed Cited as authority (rule) Gaganpreet Singh v. William Barr, U. S. Atty Gen
5th Cir. · 2020 · confidence medium
“The term ‘refugee’ is statutorily defined as a person who is outside their country and unable or unwilling to return ‘because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.’” Jukic v. INS, 40 F.3d 747, 749 (5th Cir. 1994) (quoting 8 U.S.C. § 1101 (a)(42)(A)).
discussed Cited as authority (rule) Daniel Fuentes-Barrera v. William Barr, U. S. Atty
5th Cir. · 2020 · confidence medium
Proving a well-founded fear of future persecution requires a petitioner to “show that a reasonable person in the same 9 Case: 18-60805 Document: 00515300612 Page: 10 Date Filed: 02/06/2020 No. 18-60805 circumstances would fear persecution if deported.” 4 Jukic v. INS, 40 F.3d 747, 749 (5th Cir. 1994).
cited Cited as authority (rule) Walter Campos v. Jefferson Sessions, III
5th Cir. · 2018 · confidence medium
See Dayo v. Holder, 687 F.3d 653 , 658- 59 (5th Cir. 2012); Jukic v. INS, 40 F.3d 747, 749 (5th Cir. 1994).
cited Cited as authority (rule) Kenia Galeano Reyes v. Jefferson Sessions
5th Cir. · 2017 · confidence medium
Discussion The Attorney General has the discretion to grant asylum to refugees. 8 U.S.C. § 1158 (b)(1); Jukic v. I.N.S., 40 F.3d 747, 749 (5th Cir. 1994).
cited Cited as authority (rule) Yolanda Rodriguez-Guzman v. Jefferson Sessi
5th Cir. · 2017 · confidence medium
Jukic v. INS, 40 F.3d 747, 749 (5th Cir. 1994) (quoting 8 U.S.C. § 1101 (a)(42)(A)).
cited Cited as authority (rule) Harjinder Singh v. Jefferson Sessions, III
5th Cir. · 2017 · confidence medium
See 8 U.S.C. § 1158 (b)(1); Jukic v. INS, 40 F.3d 747, 749 (5th Cir. 1994).
discussed Cited as authority (rule) Emma Romero-Mejia v. Jefferson Sessions, II
5th Cir. · 2017 · confidence medium
Section 1158(a) *315 of title 8 of the United States Code permits the Attorney General to grant asylum to a refugee, i.e., a person who is outside her country and “unable or unwilling to return because of [past] persecution or a wéll-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.” Jukic v. INS, 40 F.3d 747, 749 (5th Cir. 1994) (internal quotation marks omitted); 8 U.S.C. § 1101 (a)(42)(A).
cited Cited as authority (rule) Judis Flores-Gutierrez v. Jefferson Session
5th Cir. · 2017 · confidence medium
See 8 U.S.C. § 1101 (a)(42)(A); 8 C.F.R. § 208.13 (b); Jukic v. INS, 40 F.3d 747, 749 (5th Cir. 1994).
cited Cited as authority (rule) Noe Vasquez Lains v. Jefferson Sessions, III
5th Cir. · 2017 · confidence medium
See 8 U.S.C. § 1158 (b)(1); Jukic v. INS, 40 F.3d 747, 749 (5th Cir. 1994).
cited Cited as authority (rule) Abraham Caram-Abud v. Loretta Lynch
5th Cir. · 2016 · confidence medium
Jukic v. INS, 40 F.3d 747, 749 (5th Cir. 1994).
discussed Cited as authority (rule) Miguel Talamantes Valverde v. Loretta Lynch
5th Cir. · 2016 · confidence medium
As for Talamantes Valverde’s asylum claim, the record does not compel the conclusion that Talamantes Valverde is unable or unwilling to return to Mexico “because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.” 8 U.S.C. § 1101 (a)(42)(A); Jukic v. INS, 40 F.3d 747, 749 (5th Cir.1994); see Wang, 569 F.3d at 537 .
cited Cited as authority (rule) Nagabhusanam Kothakonda v. Eric Holder, Jr.
5th Cir. · 2014 · confidence medium
See Lopez-Gomez v. Ashcroft, 263 F.3d 442, 446 (5th Cir.2001); Jukic v. I.N.S., 40 F.3d 747, 749 (5th Cir.1994).
cited Cited as authority (rule) Ruben Torres-Ortega v. Eric Holder, Jr.
5th Cir. · 2013 · confidence medium
Thus, because Torres-Ortega has not shown eligibility for asylum, “a fortiori, he is ineligi *475 ble for withholding of deportation.” Jukic v. I.N.S., 40 F.3d 747, 750 (5th Cir.1994).
discussed Cited as authority (rule) Erick Nicolas-Morales v. Eric Holder, Jr.
5th Cir. · 2013 · confidence medium
Asylum may be granted to an alien who is outside of his or her country and is “unable or unwilling to return because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.” Jukic v. INS, 40 F.3d 747, 749 (5th Cir.1994) (internal quotation marks and citation omitted).
cited Cited as authority (rule) Ana Perez v. Eric Holder, Jr.
5th Cir. · 2013 · confidence medium
Thus, because Perez has “failed to prove [s]he was entitled to asylum, a fortiori, [s]he is ineligible for withholding of deportation.” See Jukic v. INS, 40 F.3d 747, 750 (5th Cir.1994).
cited Cited as authority (rule) Javier Rodriguez-Hidalgo v. Eric Holder, Jr.
5th Cir. · 2013 · confidence medium
Jukic v. INS, 40 F.3d 747, 749 (5th Cir.1994).
discussed Cited as authority (rule) Khagendra Sharma v. Eric Holder, Jr.
5th Cir. · 2013 · confidence medium
To show proof of a 7 No. 12-60547 well-founded fear of future persecution, the alien “must show that a reasonable person in the same circumstances would fear persecution if deported.” Orellana-Monson v. Holder, 685 F.3d 511, 518 (5th Cir. 2012) (citing Jukic v. INS, 40 F.3d 747, 749 (5th Cir. 1994) (internal quotations omitted).
discussed Cited as authority (rule) Khagendra Sharma v. Eric Holder, Jr.
5th Cir. · 2013 · confidence medium
To show proof of a well-founded fear of future persecution, the alien “must show that a reasonable person in the same circumstances would fear persecution if deported.” Orellana-Monson v. Holder, 685 F.3d 511, 518 (5th Cir.2012) (citing Jukic v. INS, 40 F.3d 747, 749 (5th Cir.1994) (internal quotations omitted)).
cited Cited as authority (rule) Tatsiana Boika v. Eric Holder, Jr.
7th Cir. · 2013 · confidence medium
Jukic v. INS, 40 F.3d 747, 749 (5th Cir. 1994).
cited Cited as authority (rule) Boika v. Holder
7th Cir. · 2013 · confidence medium
Jukic v. INS, 40 F.3d 747, 749 (5th Cir.1994).
discussed Cited as authority (rule) Dardan Shoshi v. Eric Holder, Jr.
5th Cir. · 2013 · confidence medium
He has therefore failed to show that “the evidence he presented was so compelling that no reasonable factfinder could fail to find the requisite fear of persecution.” Jukic v. INS, 40 F.3d 747, 749 (5th Cir.1994).
examined Cited as authority (rule) Ivan Shchelkunov v. Eric Holder, Jr. (3×) also: Cited "see"
5th Cir. · 2013 · confidence medium
A refugee is a person who is outside of his country and is “unable or unwilling to return ‘because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.’” Jukic v. INS, 40 F.3d 747, 749 (5th Cir.1994) (quot *382 ing 8 U.S.C. § 1101 (a)(42)(A)).
discussed Cited as authority (rule) Jinyang Zhuang v. Eric Holder, Jr.
5th Cir. · 2013 · confidence medium
The alternative asylum ground, a well-founded fear of persecution, exists when “a reasonable person in the same circumstances would fear persecution if deported.” Jukic v. INS, 40 F.3d 747, 749 (5th Cir.1994).
discussed Cited as authority (rule) Kong Yang v. Eric Holder, Jr.
5th Cir. · 2013 · confidence medium
To obtain relief on his asylum claim, Yang must show that he is unable or unwilling to return “because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.” See 8 U.S.C. § 1101 (a)(42)(A); Jukic v. INS, 40 F.3d 747, 749 (5th Cir.1994).
cited Cited as authority (rule) Guzman-Galeano v. Holder
5th Cir. · 2012 · confidence medium
The protected categories are “race, religion, nationality, membership in a particular social group, or political opinion.” 8 U.S.C. § 1101 (a)(42)(A); Jukic v. INS, 40 F.3d 747, 749 (5th Cir.1994).
discussed Cited as authority (rule) Minhong Liu v. Eric Holder, Jr.
5th Cir. · 2012 · confidence medium
See Ni v. Holder, 478 Fed.Appx. 882, 883-84 (5th Cir.2012) (per curiam) (unpublished). 1 The Secretary of Homeland Security or the Attorney General may grant asylum to aliens who qualify as refugees. 8 U.S.C. § 1158 (b)(1); Jukic v. INS, 40 F.3d 747, 749 (5th Cir.1994).
discussed Cited as authority (rule) Jose Orellana-Monson v. Eric Holder, Jr.
5th Cir. · 2012 · confidence medium
To show a well-founded fear of future persecution, the alien “must show that a reasonable person in the same circumstances would fear persecution if deported.” Jukic v. INS, 40 F.3d 747, 749 (5th Cir. 1994).
discussed Cited as authority (rule) Jose Orellana-Monson v. Eric Holder, Jr.
5th Cir. · 2012 · confidence medium
To show a well-founded fear of future persecution, the alien “must show that a reasonable person in the same circumstances would fear persecution if deported.” Jukic v. INS, 40 F.3d 747, 749 (5th Cir.1994).
discussed Cited as authority (rule) Jing Ni v. Eric Holder, Jr.
5th Cir. · 2012 · confidence medium
The Attorney General may grant asylum to refugees, see 8 U.S.C. § 1158 (a); a refugee is a person who is outside of her country and is unable or unwilling to return “ ‘because of persecution or a well-founded fear of persecution on account of *883 race, religion, nationality, membership in a particular social group, or political opinion.’ ” Jukic v. INS, 40 F.3d 747, 749 (5th Cir.1994) (quoting 8 U.S.C. § 1101 (a)(42)(A)).
cited Cited as authority (rule) Carolina Gomez-Rodriguez v. Eric Holder, Jr.
5th Cir. · 2012 · confidence medium
Jukic v. INS, 40 F.3d 747, 749 (5th Cir.1994).
discussed Cited as authority (rule) Shufang Li v. Eric Holder, Jr.
5th Cir. · 2012 · confidence medium
The Attorney General may grant asylum to refugees, see 8 U.S.C. § 1158 (a); a refugee is a person who is outside of her country and is unable or unwilling to return “‘because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.’ ” Jukic v. INS, 40 F.3d 747, 749 (5th Cir.1994) (quoting 8 U.S.C. § 1101 (a)(42)(A)).
cited Cited as authority (rule) Chai Chen v. Holder
5th Cir. · 2012 · confidence medium
The United States Attorney General and the Secretary of Homeland Security have the discretion to grant asylum to “refugees.” 8 U.S.C. § 1158 (b)(1)(A); Jukic v. INS, 40 F.3d 747, 749 (5th Cir.1994).
discussed Cited as authority (rule) Carlos Enamorado Beltrand v. Eric Holder, Jr.
5th Cir. · 2012 · confidence medium
The protected categories are “race, religion, nationality, membership in a particu *341 lar social group, or political opinion.” 8 U.S.C. § 1101 (a)(42)(A); Jukic v. INS, 40 F.3d 747, 749 (5th Cir.1994).
cited Cited as authority (rule) Jiang v. Holder
5th Cir. · 2011 · confidence medium
Jukic v. I.N.S., 40 F.3d 747, 749 (5th Cir. 1994) (internal quotation omitted).
cited Cited as authority (rule) Arnoldo Perez-Lopez v. Eric Holder, Jr.
5th Cir. · 2011 · confidence medium
See INS v. Elias-Zacarias, 502 U.S. 478, 481-82 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992); Jukic v. INS, 40 F.3d 747, 749 (5th Cir.1994).
cited Cited as authority (rule) Herbert Albarenga-Chavez v. Eric Holder, Jr.
5th Cir. · 2011 · confidence medium
The protected categories are “race, religion, nationality, membership in a particular social group, or political opinion”. 8 U.S.C. § 1101 (a)(42)(A); Jukic v. INS, 40 F.3d 747, 749 (5th Cir.1994).
cited Cited as authority (rule) Moises Lobo-Maradiaga v. Eric Holder, Jr.
5th Cir. · 2011 · confidence medium
The protected categories are “race, religion, nationality, membership in a particular social group, or political opinion.” 8 U.S.C. § 1101 (a)(42)(A); Jukic v. INS, 40 F.3d 747, 749 (5th Cir.1994).
cited Cited as authority (rule) Fangwen Yang v. Holder
5th Cir. · 2010 · confidence medium
The Attorney General, has the discretion to grant asylum to refugees. 8 U.S.C. § 1158 (b)(1); Jukic v. INS, 40 F.3d 747, 749 (5th Cir.1994).
discussed Cited as authority (rule) Jiannong Jiang v. Eric Holder, Jr. (2×) also: Cited "see"
5th Cir. · 2010 · confidence medium
Accordingly, to reverse a decision of the BIA finding that a petitioner does not have a well-founded fear of future persecution, a petitioner “must ‘show that the evidence he presented was so compelling that no reasonable factfinder could fail to find the requisite fear of persecution.’ ” Jukic v. I.N.S., 40 F.3d 747, 749 (5th Cir.1994) (quoting I.N.S. v. Elias-Zacarias, 502 U.S. 478, 483-84 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992)).
cited Cited as authority (rule) Peris Kamau v. Eric Holder, Jr.
5th Cir. · 2010 · confidence medium
Juicio v. INS, 40 F.3d 747, 749 (5th Cir.1994).
discussed Cited as authority (rule) Rosa Cordon Montes v. Eric Holder, Jr.
5th Cir. · 2010 · confidence medium
To qualify as a refugee, Montes must show that she is unable or unwilling to return to Guatemala “because of persecution or a well- founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.” Jukic v. INS, 40 F.3d 747, 749 (5th Cir. 1994) (quoting 8 U.S.C. § 1101 (a)(42)(A)).
discussed Cited as authority (rule) Rosa Cordon Montes v. Eric Holder, Jr.
5th Cir. · 2010 · confidence medium
To qualify as a refugee, Montes must show that she is unable or unwilling to return to Guatemala “because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.” Jukic v. INS, 40 F.3d 747, 749 (5th Cir.1994) (quoting 8 U.S.C. § 1101 (a)(42)(A)).
discussed Cited as authority (rule) Chen v. Holder
5th Cir. · 2010 · confidence medium
L. 109-13, 119 Stat. 302, 305. 2 See Thuri v. Ashcroft, 380 F.3d 788, 793 (5th Cir. 2004). 3 Wang v. Holder, 569 F.3d 531 , 538–39 (5th Cir. 2009) (quoting Lin v. Mukasey, 534 F.3d 162, 167 (2d Cir. 2008)) (internal quotation marks omitted). 4 See id. 5 See id. 2 No. 08-60291 Because Chen’s testimony was the primary evidence offered in support of her asylum claim, and the IJ found that testimony less than completely credible, she has not shown that her evidence was “so compelling that no reasonable factfinder could fail to find the requisite fear of persecution.”6 Because her asylum cl…
cited Cited as authority (rule) Gelmil Barrios v. Eric Holder, Jr.
5th Cir. · 2010 · confidence medium
See INS v. Elias-Zacarias, 502 U.S. 478, 482-83 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992); Jukic v. INS, 40 F.3d 747, 749 (5th Cir.1994).
discussed Cited as authority (rule) Chen v. Holder
5th Cir. · 2010 · confidence medium
L. 109-13, 119 Stat. 302, 305. 2 See Thuri v. Ashcroft, 380 F.3d 788, 793 (5th Cir. 2004). 3 Wang v. Holder, 569 F.3d 531 , 538–39 (5th Cir. 2009) (quoting Lin v. Mukasey, 534 F.3d 162, 167 (2d Cir. 2008)) (internal quotation marks omitted). 4 See id. 2 No. 08-60291 determination rested on an abundance of evidence that precludes us from saying “no reasonable fact-finder could make such an adverse credibility ruling.”5 Because Chen’s testimony was the primary evidence offered in support of her asylum claim, and the IJ found that testimony less than completely credible, she has not shown…
Retrieving the full opinion text from the archive…
Zlatko JUKIC, Petitioner,
v.
IMMIGRATION AND NATURALIZATION SERVICE, Respondent
94-40375.
Court of Appeals for the Fifth Circuit.
Dec 22, 1994.
40 F.3d 747
Lawrence B. Fabacher, II, New Orleans, LA, for petitioner., Janet Reno, Atty. Gen., U.S. Dept, of Justice, Carl H. McIntyre, Kristin A. Cabral, David J. Kline, Asst. Dir., Robert L. Bom-bough, Dir., I.N.S., Washington, DC, for respondent., John B.Z. Caplinger, DD, I.N.S., New Orleans, LA, for other interested parties.
Jones, Barksdale, Benavides.
Cited by 129 opinions  |  Published
BENAVIDES, Circuit Judge:

Zlatko JuMe (Jukic), a citizen of Croatia, petitions for review of a final order of deportation by the Board of Immigration Appeals. We deny review.

I. BACKGROUND

Jukic was born in Yugoslavia. He is a citizen of what now is known as Croatia. Jukic testified as follows at the hearing held before the immigration judge. Upon turning 18, he fulfilled compulsory military service in the Yugoslavian army for one year and was discharged in June of 1990. In the fall of 1990, Jukic entered the United States as a non-immigrant visitor for pleasure with authorization to remain until October 23, 1991. Jukic had purchased a round-trip plane ticket, intending to return home. While visiting his uncle in Chicago, his mother (who remained in Yugoslavia) informed him that she had received a notice recalling him to duty for the Yugoslavian government.

The political situation in Yugoslavia, of course, deteriorated rapidly after Jukic’s departure. [1] Jukic did not want to provide further military service to the then — communist government of Yugoslavia, and consequently, did not report after receiving the draft letter.

After hearing the evidence, the immigration judge determined that Jukic had failed to demonstrate a well-founded fear of persecution as set forth in the Immigration and Nationality Act. The Board of Immigration Appeals affirmed the decision of the immigration judge denying Jukic’s request for asylum and withholding of deportation. Juk-ie now petitions this Court for review of the deportation order. He disputes neither that he remained in the United States beyond the authorized date nor that he is subject to deportation. Instead, he argues that he was entitled to asylum and withholding of deportation.

II. ANALYSIS

A. WHETHER JUKIC HAS WAIVED HIS CHALLENGE TO THE BOARD’S DECISION.

The Immigration and Naturalization Service (INS) argues that Jukic has waived his claim because he challenges the order of the immigration judge rather than the ruling of the Board of Immigration Appeals which affirmed the immigration judge’s order. The INS correctly argues that this Court is authorized to review the order of the Board rather than the order of the immigration[*749] judge. Castillo-Rodriguez v. I.N.S., 929 F.2d 181, 183 (5th Cir.1991). “We refuse, however, to allow a mere technicality in pleading to result in a denial of an opportunity for petitioner to obtain a decision on the merits.” Id. We decline to find that Jukic has waived his claims and thus, will review them on the merits. See id. at 184.

B. WHETHER THE BOARD ERRED IN FINDING THAT JUKIC DID NOT QUALIFY FOR POLITICAL ASYLUM.

Jukic argues that the Board erred in not granting him political asylum. The Attorney General has the discretion to grant asylum to “refugees.” 8 U.S.C. § 1158(a). The term “refugee” is statutorily defined as a person who is outside their country and unable or unwilling to return “because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.” 8 U.S.C. § 1101(a)(42)(A). To prove a “well-founded fear of persecution,” Jukic must show that a reasonable person in the same circumstances would fear persecution if deported. Castillo-Rodriguez, 929 F.2d at 184.

The Board’s factual finding that an alien is not eligible for consideration for asylum must be upheld if it is supported by substantial evidence. Castillo-Rodriguez, 929 F.2d at 184. To reverse the Board’s decision, Jukic must “show that the evidence he presented was so compelling that no reasonable factfinder could fail to find the requisite fear of persecution.” I.N.S. v. Elias-Zacarias, 502 U.S. 478, -, 112 S.Ct. 812, 817, 117 L.Ed.2d 38 (1992). We will not reverse a finding simply because we differ with the Board’s evaluation of the facts. Castillo-Rodriguez, 929 F.2d at 184. Likewise, we will uphold the Attorney General’s determination whether to grant asylum unless the petitioner shows that the action was arbitrary, capricious, or an abuse of discretion. Id.

Jukic argues that he fears persecution in Croatia based on his political opinion and his membership in a particular social group. Specifically, he argues that he fears persecution by the Serbian army based on his political opinion because he previously served in that army and since then has ignored a draft notice sent by them. Jukic further argues that he fears persecution by his people (the Croatians) because he did not return to help defend his country during the outbreak of the war. As a result of his failure to return and fight, he contends that the Croatians consider him a traitor.

At the hearing on August 26, 1993, Jukic testified that it had been two years since he received the draft notice from the Serbian army and that he had received no further letters. Moreover, it is not clear that the Serbian army that sent the draft notice is the same as the Yugoslavian army in which Jukic previously served. As the Board of Immigration Appeals found, Jukic made broad allegations regarding his fears, but did not produce evidence to substantiate those allegations. There was no showing that the Croatians would view Jukic as a traitor for his prior compulsory military service in the former Yugoslavian army. Jukic has failed to demonstrate that he will be persecuted by either people based on his political opinion or social group, “rather than because of his refusal to fight with them.” See Elias-Zacarias, 502 U.S. at —, 112 S.Ct. at 816.

Having examined the record, we conclude that Jukic failed to “show that the evidence he presented was so compelling that no reasonable factfinder could fail to find the requisite fear of persecution.” Id. 502 U.S. at -, 112 S.Ct. at 817. Accordingly, the Board’s determination that he was not entitled to asylum must be upheld.

C. WITHHOLDING OF DEPORTATION

Jukic also argues that the Board erred in denying him a withholding of deportation. See 8 U.S.C. § 1253(h)(1). Pursuant to § 1253(h)(1), the Attorney General shall not deport an alien if the alien’s life or freedom would be threatened in such country on account of race, religion, nationality, membership in a social group, or political opinion. To fall under that provision, the alien must demonstrate a clear probability of perseeu[*750] tion on one of the enumerated grounds. Castillo-Rodriguez, 929 F.2d at 185. The showing necessary to prove a clear probability of persecution is higher than that required to prove a well-founded fear of persecution under the asylum remedy. Id. Because we have found that Jukic faded to prove he was entitled to asylum, a fortiori, he is ineligible for withholding of deportation.

For the foregoing reasons, the petition for review is DENIED.

1

. The former Yugoslavia has since split into several different countries, including Croatia, Slovenia, and Bosnia-Herzegovina. Macedonia has been recognized by the United States as an independent state. The only two republics that appear to remain a part of former Yugoslavia are Serbia and Montenegro.