Roshdy Shehata Mina Shehata v. Eric H. Holder Jr.

Good Law
446 F. App'x 835
United States Court of Appeals for the Ninth CircuitAugust 2, 201108-74797California307 words

Opinion

Opinion

MEMORANDUM

Roshdy Shehata Mina Shehata, a native and citizen of Egypt, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence factual findings, Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006), and we deny the petition for review.

Shehata does not challenge the IJ’s dis-positive finding that his application for asylum was untimely. Accordingly, She-hata’s asylum claim fails.

Even if Shehata was credible, the record does not compel the conclusion that the incident where Muslim men beat him and the incident where the police detained and beat him, even considered cumulatively, amounted to past persecution. See Gu v. Gonzales, 454 F.3d 1014, 1019 (9th Cir.2006). In addition, even if he was a member of a disfavored group, Shehata has not shown sufficient individualized risk to establish a clear probability of persecution. See Hoxha v. Ashcroft, 319 F.3d 1179, 1185 (9th Cir.2003); Wakkary v. Holder, 558 F.3d 1049,…

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