Rwaid

Rwaid v. Holder

Good Law
448 F. App'x 740
United States Court of Appeals for the Ninth CircuitAugust 26, 201107-73889California688 words

Opinion

Opinion

MEMORANDUM

Yahya Abdu Hizam Rwaid (“Petitioner”), a native and citizen of Yemen, seeks review of the final order of the Board of Immigration Appeals (“BIA”) affirming the Immigration Judge’s (“IJ”) decision to deny Petitioner’s application for asylum, withholding of removal, and protection un der the Convention Against Torture (“CAT”). We have jurisdiction to review the BIA’s final order under 8 U.S.C. § 1252 , Immigration and Nationality Act (“INA”) § 242. We conclude that the evidence in the record does not compel the conclusion that the determination of the BIA was incorrect. See Gu v. Gonzales, 454 F.3d 1014, 1018 (9th Cir.2006). We therefore deny the petition for review.

1. To establish eligibility for asylum, Petitioner must demonstrate either past persecution or a well-founded fear of future persecution in Yemen. Id. at 1019 . The evidence does not compel the conclusion that Petitioner’s past experiences in Yemen rose to the level of persecution. Persecution is an “extreme concept,” Ghaly v. INS, 58 F.3d 1425, 1431 (9th Cir.1995), and is defined as “the infliction of suffering or harm ... in a way regarded as offensive.” Li v. Ashcroft, 356 F.3d 1153, 1158 (9th Cir.2004)…

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