Rajo

Jemail v. Holder

Good Law
358 F. App'x 976
United States Court of Appeals for the Ninth CircuitDecember 28, 200907-72099California234 words

Opinion

Opinion

Mohamed Jameleddine Jemail, a native and citizen of Tunisia, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, Prasad v. INS, 47 F.3d 336, 338-39 (9th Cir.1995), and we deny the petition for review.

The record does not compel the conclusion that changed circumstances excused the untimely filing of Jemail’s asylum application. See 8 C.F.R. § 1208.4 (a)(4); Ramadan v. Gonzales, 479 F.3d 646, 656-58 (9th Cir.2007) (per curiam). Accordingly, we deny the petition with respect to the asylum claim.

Substantial evidence supports the agency’s determination that Jemail failed to establish past persecution because the harms he suffered did not rise to the level of persecution. See Prasad, 47 F.3d at 339-40 . Substantial evidence further supports the agency’s finding that Jemail failed to establish a clear probability of future persecution. See Hoxha v. Ashcroft, 319 F.3d 1179, 1185 (9th Cir.2003) (denying withholding of removal despite evidence of abuse against ethnic…

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