Samad Radamis Fahim v. U.S. Attorney Gen., 278 F.3d 1216 (11th Cir. 2002). · Go Syfert
Samad Radamis Fahim v. U.S. Attorney Gen., 278 F.3d 1216 (11th Cir. 2002). Cases Citing This Book View Copy Cite
“to conclude that the board should be reversed, a reviewing court must find that the record 'not only supports that conclusion, but compels it.”
244 citation events (240 in the last 25 years) across 9 distinct courts.
Strongest positive: Albert Adefemi v. John Ashcroft (ca11, 2004-01-29)
Treatment trajectory · 2002 → 2026 · click a year to view as-of
2002 2014 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Albert Adefemi v. John Ashcroft
11th Cir. · 2004 · quote attribution · 1 verbatim quote · confidence high
to conclude that the board should be reversed, a reviewing court must find that the record 'not only supports that conclusion, but compels it.
examined Cited as authority (verbatim quote) Sergio Leonel Mendoze v. U.S. Attorney General, Immigration and Naturalization Service (3×) also: Cited as authority (rule), Cited "see"
11th Cir. · 2003 · quote attribution · 1 verbatim quote · confidence high
to conclude that the board should be reversed, a reviewing court must find that the record not only supports that conclusion, but compels it.
discussed Cited as authority (rule) Santos Elias Paz-Castillo v. U.S. Attorney General
11th Cir. · 2023 · confidence medium
The BIA’s deci- sion whether Paz-Castillo “complied with the one-year time limit or established extraordinary circumstances . . . is not reviewable by any court.” Fahim v. U.S. Att’y Gen., 278 F.3d 1216, 1217 (11th Cir. 2002) (per curiam). 4 Accordingly, we dismiss Paz-Castillo’s petition as it relates to his asylum claim.
discussed Cited as authority (rule) Elsy Nohemy Martinez-Bobadilla v. U.S. Attorney General
11th Cir. · 2021 · confidence medium
The alien must show that it is “‘more likely than not’ she will be persecuted . . . upon being returned to her country.” Sepulveda, 401 F.3d at 1232 (quoting Fahim v. U.S. Att’y Gen., 278 F.3d 1216, 1218 (11th Cir. 2002)).
discussed Cited as authority (rule) Taohid Hasnet Akash v. U.S. Attorney General
11th Cir. · 2021 · confidence medium
See Sepulveda, 401 F.3d at 1232 (explaining that an alien seeking withholding of removal “bears the burden of demonstrating that it is ‘more likely than not’ [he] will be persecuted or tortured 12 USCA11 Case: 20-12378 Date Filed: 04/28/2021 Page: 13 of 13 upon being returned to [his] country,” based on a protected ground (quoting Fahim v. U.S. Att’y Gen., 278 F.3d 1216, 1218 (11th Cir. 2002)); Reyes-Sanchez v. U.S. Att’y Gen., 369 F.3d 1239, 1242 (11th Cir. 2004) (stating that, for CAT relief, “the burden of proof is on the applicant . . . to establish that it is more likely tha…
discussed Cited as authority (rule) Maria Clemencia Diego-Francisco v. U.S. Attorney General
11th Cir. · 2021 · confidence medium
Under the “substantial evidence test,” factual findings “are conclusive unless the record demonstrates that ‘any reasonable adjudicator would be compelled to conclude the contrary.’” Fahim v. U.S. Att’y Gen., 278 F.3d 1216, 1218 (11th Cir. 2002) (quoting 8 U.S.C. § 1252 (b)(4)(B)).
discussed Cited as authority (rule) Esward Ronaldo Gomez Aceituno v. U.S. Attorney General
11th Cir. · 2021 · confidence medium
Under the “substantial evidence test,” factual findings “are conclusive unless the record demonstrates that ‘any reasonable adjudicator would be compelled 5 USCA11 Case: 20-10176 Date Filed: 01/04/2021 Page: 6 of 9 to conclude the contrary.’” Fahim v. U.S. Att’y Gen., 278 F.3d 1216, 1218 (11th Cir. 2002) (quoting 8 U.S.C. § 1252 (b)(4)(B)).
discussed Cited as authority (rule) Jhensy Rosmery Pena-Nolasco v. U.S. Attorney General
11th Cir. · 2020 · confidence medium
Under that test, the BIA’s factual findings “are conclusive unless the record demonstrates that ‘any reasonable adjudicator would be compelled to conclude the contrary.’” Fahim v. U.S. Att’y Gen., 278 F.3d 1216, 1218 (11th Cir. 2002) (quoting 8 U.S.C. § 1252 (b)(4)(B)).
discussed Cited as authority (rule) Kagendran Ratnam v. U.S. Attorney General
11th Cir. · 2020 · confidence medium
Under that test, the BIA’s factual findings “are conclusive unless the record demonstrates that ‘any reasonable adjudicator would be compelled to conclude the contrary.’” Fahim v. U.S. Att’y Gen., 278 F.3d 1216, 1218 (11th Cir. 2002) (quoting 8 U.S.C. § 1252 (b)(4)(B)).
cited Cited as authority (rule) Leonard Green Malunga v. U.S. Attorney General
11th Cir. · 2018 · confidence medium
See id.; Fahim v. U.S. Att’y Gen., 278 F.3d 1216, 1218 (11th Cir. 2002).
discussed Cited as authority (rule) Xuejun Chen v. U.S. Attorney General
11th Cir. · 2014 · confidence medium
Withholding of Removal An alien seeking withholding of removal under the INA “bears the burden of demonstrating that it is ‘more likely than not’ [he] will be persecuted or tortured upon being returned to [his] country.” Sepulveda v. U.S. Att’y Gen., 401 F.3d 1226 , 1232 (11th Cir.2005) (quoting Fahim v. U.S. Att’y Gen., 278 F.3d 1216, 1218 (11th Cir. 2002)).
cited Cited as authority (rule) Lina Margarita Cuadrado Barrera v. U.S. Attorney General
11th Cir. · 2014 · confidence medium
Sepulveda, 401 F.3d at 1232 (quoting Fah-im v. U.S. Att’y Gen., 278 F.3d 1216, 1218 (11th Cir.2002)).
cited Cited as authority (rule) Munta Zampaligidi-Jebreel v. U.S. Attorney General
11th Cir. · 2013 · confidence medium
Fahim v. U.S. Att’y Gen., 278 F.3d 1216, 1218 (11th Cir.2002).
cited Cited as authority (rule) Hua Yao Yang v. United States Attorney General
11th Cir. · 2013 · confidence medium
Fahim v. U.S. Att’y Gen., 278 F.3d 1216, 1218 (11th Cir.2002).
discussed Cited as authority (rule) Mario Dale McLeod v. U.S. Attorney General
11th Cir. · 2013 · confidence medium
To conclude that the BIA should be reversed, we must determine that the record “not only supports that conclusion, but compels it.” Fahim v. U.S. Att’y Gen., 278 F.3d 1216, 1218 (11th Cir.2002) (quotations omitted); see also 8 U.S.C. § 1252 (b)(4)(B) (“[Administrative findings of fact are conclusive unless any reasonable adjudicator would be compelled to conclude to the contrary.”).
discussed Cited as authority (rule) Lyashchynska v. U.S. Attorney General
11th Cir. · 2012 · confidence medium
“To conclude the BIA’s decision should be reversed, “we must find that the record not only supports the conclusion, but compels it.’ ” Id. (citing Fahim v. U.S. Att’y Gen., 278 F.3d 1216, 1218 (11th Cir.2002)).
discussed Cited as authority (rule) Olha Lyaschynska v. U.S. Attorney General
11th Cir. · 2012 · confidence medium
“To conclude the BIA’s decision should be reversed, ‘we must find that the record not only supports the conclusion, but compels it.’” Id. (citing Fahim v. U.S. Att’y Gen., 278 F.3d 1216, 1218 (11th Cir. 2002)).
discussed Cited as authority (rule) Ostilio Paguada v. U.S. Attorney General
11th Cir. · 2011 · confidence medium
Whether Paguada has established that it is more likely than not that he will be persecuted for purposes of withholding of removal is a factual determination, see Fahim v. U.S. Att’y Gen., 278 F.3d 1216, 1218 (11th Cir.2002), not one that raises a constitutional claim or question of law, and therefore is not reviewable in this case where Paguada is removable for having committed a controlled substance offense.
discussed Cited as authority (rule) Melanie Margarita Rodriguez v. Us Attorney General
11th Cir. · 2011 · confidence medium
See 8 U.S.C. § 1158 (a)(3); Fahim v. U.S. Att’y Gen., 278 F.3d 1216, 1217 (11th Cir.2002) (holding that federal courts do not have jurisdiction to review the Attorney General’s decision regarding the timeliness of an asylum application).
discussed Cited as authority (rule) Enrique Octavio Caso-Giraldo v. U.S. Attorney General
11th Cir. · 2010 · confidence medium
“The alien bears the burden of demonstrating that it is ‘more likely than not’ [he] will be persecuted or tortured upon being returned to [his] country.” Sepulveda, 401 F.3d at 1232 (quoting Fahim v. U.S. Att’y Gen., 278 F.3d 1216, 1218 (11th Cir.2002)).
cited Cited as authority (rule) Neika Rosa Riera Leonardez v. US Attorney General
11th Cir. · 2010 · confidence medium
Fahim v. U.S. Att’y Gen., 278 F.3d 1216, 1218 (11th Cir.2002) (per curiam) (quotation marks and citation omitted); 8 C.F.R. § 208.16 (b)(2).
cited Cited as authority (rule) Yan Fang Chen v. U.S. Attorney General
11th Cir. · 2010 · confidence medium
Fahim v. U.S. Att’y Gen., 278 F.3d 1216, 1218 (11th Cir.2002).
cited Cited as authority (rule) Yan Fang Chen v. US Attorney General
11th Cir. · 2010 · confidence medium
Fahim v. U.S. Att’y Gen., 278 F.3d 1216, 1218 (11th Cir. 2002).
cited Cited as authority (rule) Zhao Di Chen v. U.S. Attorney General
11th Cir. · 2010 · confidence medium
Fahim v. U.S. Att’y Gen., 278 F.3d 1216, 1218 (11th Cir.2002) (per curiam) (quotation marks and citation omitted); see 8 C.F.R. § 208.16 (b)(2).
cited Cited as authority (rule) Laurentiu Bubulici v. U.S. Attorney General
11th Cir. · 2010 · confidence medium
Fcihim v. U.S. Att’y Gen., 278 F.3d 1216, 1218 (11th Cir.2002) (per curiam); see 8 C.F.R. § 208.16 (b)(2).
discussed Cited as authority (rule) Ruben Dario Villarreal v. U.S. Attorney General (2×)
11th Cir. · 2010 · confidence medium
Accordingly, “[t]o conclude the BIA’s decision should be reversed, we ‘must find that the record not only supports the conclusion, but compels it.’” Ruiz v. Gonzales, 479 F.3d 762, 765 (11th Cir. 2007) (quoting Fahim v. United States Att’y Gen., 278 F.3d 1216, 1218 (11th Cir. 2002)).
cited Cited as authority (rule) Jose Miguel Cordero v. U.S. Attorney General
11th Cir. · 2010 · confidence medium
Fahim v. U.S. Att’y Gen., 278 F.3d 1216, 1218 (11th Cir.2002).
cited Cited as authority (rule) Raza Ali Khan v. U.S. Attorney General
11th Cir. · 2010 · confidence medium
Fahim v. U.S. Att'y Gen., 278 F.3d 1216, 1218 (11th Cir.2002) (per curiam) (quotation marks and citation omitted).
cited Cited as authority (rule) Aisha Abdalla Bwalu v. U.S. Attorney General
11th Cir. · 2010 · confidence medium
Fahim v. U.S. Att’y Gen., 278 F.3d 1216, 1218 (11th Cir.2002) (per curiam) (quotation marks and citation omitted).
discussed Cited as authority (rule) Oliver Adonay Tovar-Cortez v. U.S. Attorney Gen. (2×) also: Cited "see"
11th Cir. · 2009 · confidence medium
Sepulveda v. U.S. Att’y Gen., 401 F.3d 1226 , 1232 (11th Cir.2005) (per curiam) (citing Fahim v. U.S. Att’y Gen., 278 F.3d 1216, 1218 (11th Cir.2002)).
discussed Cited as authority (rule) Darly Napoleon v. U.S. Attorney General
11th Cir. · 2009 · confidence medium
Therefore, to reverse a credibility determination, “we must find that the record not only supports reversal, but compels it.” Mendoza, 327 F.3d at 1287 (citing Fahim v. U.S. Att’y Gen., 278 F.3d 1216, 1218 (11th Cir.2002)).
cited Cited as authority (rule) Jesus A. Oviedo Cala v. U.S. Attorney General
11th Cir. · 2009 · confidence medium
Fahim v. U.S. Att’y Gen., 278 F.3d 1216, 1218 (11th Cir.2002).
cited Cited as authority (rule) Min Thiha Tun v. U.S. Attorney General
11th Cir. · 2009 · confidence medium
Fahim v. U.S. Att’y Gen., 278 F.3d 1216, 1218 (11th Cir.2002) (per curiam) (quotation marks and citation omitted).
cited Cited as authority (rule) Mariluz Hernandez v. U.S. Attorney General
11th Cir. · 2009 · confidence medium
Fahim v. U.S. Att’y Gen., 278 F.3d 1216, 1218 (11th Cir.2002) (per cu-riam).
discussed Cited as authority (rule) Majid v. Holder
4th Cir. · 2009 · confidence medium
See Hana v. Gonzales, 503 F.3d 39, 42 (1st Cir.2007); Yakovenko v. Gonzales, 477 F.3d 631, 635 (8th Cir.2007); Tarrawally v. Ashcroft, 338 F.3d 180, 185 (3d Cir.2003); Tsevegmid v. Ashcroft, 318 F.3d 1226, 1230 (10th Cir.2003); Fahim v. U.S. Att’y Gen., 278 F.3d 1216, 1217-18 (11th Cir.2002); Hakeem v. INS, 273 F.3d 812, 815-16 (9th Cir.2001); see also Tarraf v. Gonzales, 495 F.3d 525 , 531 n. 5 (7th Cir.2007).
cited Cited as authority (rule) Rolex Cesar v. U.S. Attorney General
11th Cir. · 2009 · confidence medium
Fahim v. United States Att’y Gen., 278 F.3d 1216, 1218 (11th Cir.2002) (per curiam) (quotation marks and citation omitted).
discussed Cited as authority (rule) Ginette Cadet v. U.S. Attorney General
11th Cir. · 2009 · confidence medium
See 8 U.S.C. § 1158 (a)(3) (“No court shall have jurisdiction to review any determination of [timeliness].”); Fah-im v. United States Att’y Gen., 278 F.3d 1216, 1217 (11th Cir.2002) (“As to the denial of the request for asylum as being untimely, we hold that federal courts do not have jurisdiction to review the Attorney General’s decision as to timeliness of such a request.”).
discussed Cited as authority (rule) Gisela Rosas Salas v. U.S. Attorney General
11th Cir. · 2009 · confidence medium
See INA § 208(a)(3), 8 U.S.C. § 1158 (a)(3); Fahim v. U.S. Att’y Gen., 278 F.3d 1216, 1218 (11th Cir.2002). *698 Salas argues that we retain jurisdiction to review the determination because INA § 242(a)(2)(B), 8 U.S.C. § 1252 (a)(2)(B), as amended by the REAL ID Act of 2005, Pub.L.
cited Cited as authority (rule) Xiao Li Jiang v. U.S. Attorney General
11th Cir. · 2009 · confidence medium
Fahim v. U.S. Att’y Gen., 278 F.3d 1216, 1218 (11th Cir.2002) (per curiam); see 8 C.F.R. § 208.16 (b)(2).
discussed Cited as authority (rule) FNU Zulkifli v. U.S. Attorney General
11th Cir. · 2009 · confidence medium
Fahim v. U.S. Att’y Gen., 278 F.3d 1216, 1217 (11th Cir.2002) (per curiam) (holding that federal courts lack jurisdiction to review the Attorney General’s decision as to timeliness of an asylum request); see also Ruiz v. Gonzales, 479 F.3d 762 , 765 (11th Cir.2007) (providing that § 1158(a)(3) “divests us of jurisdiction to review decisions of whether an alien complied with the one-year time limit, or whether extraordinary circumstances were present to justify untimely filing of the asylum application”).
discussed Cited as authority (rule) Wilmer A. Plata-Vega v. U.S. Attorney General
11th Cir. · 2009 · confidence medium
“To reverse [those] fact findings, we must find that the record not only supports reversal, but compels it.” Mendoza v. U.S. Att’y Gen., 327 F.3d 1283, 1287 (11th Cir.2003) (citing Fahim v. U.S. Att’y Gen., 278 F.3d 1216, 1218 (11th Cir. 2002)).
cited Cited as authority (rule) Yaru Lin v. U.S. Attorney General
11th Cir. · 2009 · confidence medium
Fahim v. U.S. Att’y Gen., 278 F.3d 1216, 1218 (11th Cir.2002).
discussed Cited as authority (rule) Bin Lin v. U.S. Attorney General
11th Cir. · 2008 · confidence medium
“To reverse [those] fact findings, we must find that the record not only supports reversal, but compels it.” Mendoza v. U.S. Att’y Gen., 327 F.3d 1283, 1287 (11th Cir.2003)(citing Fahim v. U.S. Att’y Gen., 278 F.3d 1216, 1218 (11th Cir.2002)).
discussed Cited as authority (rule) Ng Cristeven v. U.S. Attorney General
11th Cir. · 2008 · confidence medium
Fahim v. U.S. Att’y Gen., 278 F.3d 1216, 1217 (11th Cir.2002) (per curiam) (holding that federal courts lack jurisdiction to review the Attorney General’s decision as to timeliness of an asylum request: “Pursuant to 8 U.S.C. § 1158 (a)(3), the Attorney General’s decision regarding whether an alien complied with the one-year time limit or established extraordinary circumstances, such that the time limit should be waived, is not reviewable by any court.”); Ruiz v. Gonzales, 479 F.3d 762 , 765 (11th Cir.2007) (providing that 1158(a)(3) “divests us of jurisdiction to review decisions …
cited Cited as authority (rule) Carlos Alberto Galarraga-Aguilar v. U.S. Atty. Gen
11th Cir. · 2008 · confidence medium
Fahim v. Att’y Gen., 278 F.3d 1216, 1217-18 (11th Cir.2002).
cited Cited as authority (rule) Frey Olider Moreno Valencia v. U.S. Atty. General
11th Cir. · 2008 · confidence medium
Fahim v. U.S. Att’y Gen., 278 F.3d 1216, 1218 (11th Cir.2002).
cited Cited as authority (rule) Didier Adolfo Varon v. U.S. Attorney General
11th Cir. · 2008 · confidence medium
Fahim v. United States Att’y Gen., 278 F.3d 1216, 1218 (11th Cir.2002) (per curiam).
discussed Cited as authority (rule) Cesar Mauricio Gomez-Benitez v. U.S. Atty. Gen.
11th Cir. · 2008 · confidence medium
The agency’s factual findings are conclusive “unless the record demonstrates that any reasonable adjudicator would be compelled to conclude to the contrary.” Fahim v. U.S. Att’y Gen., 278 F.3d 1216, 1218 (11th Cir. 2002) (internal quotations and citation omitted).
discussed Cited as authority (rule) Yaneth E. Estrada-Pena v. U.S. Atty. General
11th Cir. · 2008 · confidence medium
“To reverse [those] fact findings, we must find that the record not only supports reversal, but compels it.” Mendoza v. U.S. Att’y Gen., 327 F.3d 1283, 1287 (11th Cir.2003)(citing Fahim v. U.S. Att’y Gen., 278 F.3d 1216, 1218 (11th Cir. 2002)).
discussed Cited as authority (rule) Marcos Antonio Rivodo v. US Atty General
11th Cir. · 2008 · confidence medium
To conclude that the *608 IJ should be reversed, we “must find that the record not only supports that conclusion, but compels it.” Fahim v. U.S. Att’y Gen., 278 F.3d 1216, 1218 (11th Cir.2002) (quotation omitted). “[T]he mere fact that the record may support a contrary conclusion is not enough to justify a reversal of the administrative findings.” Adefemi v. Ashcroft, 386 F.3d 1022 , 1027 (11th Cir. 2004) (en banc).
Retrieving the full opinion text from the archive…
Samad Radamis FAHIM, Petitioner,
v.
U.S. ATTORNEY GENERAL, Immigration and Naturalization Service, Respondent
01-11597.
Court of Appeals for the Eleventh Circuit.
Jan 9, 2002.
278 F.3d 1216
Charles H. Kick, Schwartz, Kuck & Associates, LLP, Atlanta, GA, for Petitioner., David V. Bernal, Anthony Cardozo Payne, Ernesto H. Molina, Emily Anne Radford, Joshua E. Braunstein, U.S. Dept, of Justice, Office of Immigration Litigation Station, Washington, DC, for Respondent.
Birch, Per Curiam, Roney, Tjoflat.
Cited by 197 opinions  |  Published
PER CURIAM:

This case is a challenge to the Board of Immigration Appeals’ (BIA) affirmance of an order denying relief from an order of removal and deportation. Samad Radamis Fahim, a native and citizen of Egypt, was admitted to the United States as a non-immigrant student in 1990. He stopped attending school in 1996, and in 1999 he was issued a Notice to Appear before the Immigration and Naturalization Service (INS), charging that he failed to comply with the conditions of the status under which he was admitted. An Immigration Judge (1) found he was subject to removal and deportation pursuant to the Notice to Appear (an order not appealed), (2) held that his request for asylum was untimely, and (3) denied on the merits his application for withholding deportation and Torture Convention relief on the ground that his life, health, and freedom would be threatened should he return to Egypt. The BIA affirmed the denial. Fahim appeals. We affirm.

As to the denial of the request for asylum as being untimely, we hold that federal courts do not have jurisdiction to review the Attorney General’s decision as to timeliness of such a request. Pursuant to 8 U.S.C. § 1168(a)(3), the Attorney General’s decision regarding whether an alien complied with the one-year time limit or established extraordinary circumstances, such that the time limit should be waived, is not reviewable by any court. Although courts generally will not infer congressional intent to restrict their jurisdiction, in this case the statute clearly indicates that Congress intended to restrict judicial review. Section 1158(a)(3) states, “[n]o court shall have the jurisdiction to review any determination of the Attorney General under paragraph (2) [the provision providing that the one-year time limit may be waived if extraordinary circumstances are demonstrated].”

Although there is a presumption favoring judicial review, the presumption may be overcome by specific statutory language precluding that review. Block v. Community Nutrition Inst, 467 U.S. 340, 349, 104 S.Ct. 2450, 81 L.Ed.2d 270 (1984). Two circuits have refused to review untimely asylum applications because section 1158(a)(3) contains such specific language. Hakeem v. I.N.S., No. 00-70525, 273 F.3d 812, 815 (9th Cir.2001) (holding that section 1158(a)(3) precludes judicial review of Immigration Judge’s determination that immigrant’s asylum application was untimely); Ismailov v. Reno, 263 F.3d 851, 855 (8th Cir.2001) (stating, “the meaning of § 1158(a)(3) is clear: Congress intended to[*1218] bar judicial review of decisions made under § 1158(a)(2).”).

The language of section 1158(a)(3) is so clear that several courts have, in dicta, used the section as an example of a clear congressional limit on courts’ jurisdiction. Montero-Martinez v. Ashcroft, 249 F.3d 1156 (9th Cir.2001) (section 1158(a)(3) unambiguously limits federal court jurisdiction); Van Dinh v. Reno, 197 F.3d 427, 433 (10th Cir.1999) (section 1158(a)(3) serves to “preclude direct review by any court of certain discretionary decisions made by the Attorney General.”) (emphasis in original); Gonzalez v. Reno, 86 F.Supp.2d 1167, 1179 (S.D.Fla.2000) (in light of section 1158(a)(3), only subsection (a)(1) is subject to judicial review).

We join the 8th and 9th Circuits in holding that the language of 8 U.S.C. § 1158(a)(3) precludes federal court review of determinations made by the Attorney General pursuant to 8 U.S.C. § 1158(a)(2).

As to the appeal of the denial of withholding of removal under § 241(b)(3) of the Immigration and Nationality Act, 8 U.S.C. § 1231(b)(3), the findings of fact are conclusive unless the record demonstrates that “any reasonable adjudicator would be compelled to conclude to the contrary.” INA §§ 242(b)(4)(A)-(B), 8 U.S.C. §§ 1252(b)(4)(A)-(B)(1998). To conclude that the Board should be reversed, a reviewing Court must find that the record “not only supports that conclusion, but compels it.” INS v. Elias-Zacarias, 502 U.S. 478, 480 n. 1, 112 S.Ct. 812, 117 L.Ed.2d 38 (1992).

When an alien is seeking withholding of deportation, he bears the burden of demonstrating that it is “more likely than not” that he will be persecuted or tortured upon his return to the country in question. I.N.S. v. Stevie, 467 U.S. 407, 104 S.Ct. 2489, 81 L.Ed.2d 321 (1984); 8 C.F.R. 208.16(c)(2)(2000). The Board found from the documentary and testimonial evidence that Fahim had not sustained this burden. It held that the record lacks sufficient evidence that anyone in Egypt has the present inclination to persecute the respondent.

The Board also found that Fahim had failed to provide any evidence indicating that an individual in his circumstances would be subject to any mistreatment by a public official or other person acting in an official capacity as required under the Convention Against Torture.

A careful review of the briefs and record fails to convince us that any reasonable adjudicator would be compelled to conclude to the contrary.

AFFIRMED.