Prasad

Prasad v. Holder

Good Law
371 F. App'x 868
United States Court of Appeals for the Ninth CircuitMarch 25, 201007-71821California359 words

Opinion

Opinion

MEMORANDUM

Ambika Prasad, a native and citizen of Fiji, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for asylum, withholding of removal, protection under the Convention Against Torture (“CAT”), and voluntary departure. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for substantial evidence, Orne las-Chavez v. Gonzales, 458 F.Sd 1052, 1055-56 (9th Cir.2006), and we dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the IJ’s discretionary denial of voluntary departure. 8 U.S.C. §§ 1229c(f), 1252(a)(2)(B)®.

Substantial evidence supports the agency’s finding that, even if Prasad’s asylum application was timely, he did not establish past persecution or a well-founded fear of future persecution because he failed to demonstrate the government was unable or unwilling to protect him from the native Fijians who robbed and physically harmed him. See Nahrvani v. Gonzales, 399 F.3d 1148, 1154 (9th Cir.2005) (petitioner did not show government was “unable or unwilling to control” where German police took reports and investigated…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.