Shah

MEMORANDUM

Abdul Samad Shah, a native and citizen of Fiji, petitions this court for review of the Board of Immigration Appeals (BIA)’s decisions denying as untimely his motion to reopen, 09-73132, and affirming the order of the Immigration Judge (IJ) denying asylum, withholding of removal, and relief under the Convention Against Torture (CAT), 06-71406. We have jurisdiction pursuant to 8 U.S.C. § 1252 . In 06-71406, we deny the petition for review, and in 09-73132, we dismiss the petition for review.

1. 06-71406

To reverse the decision of the BIA, we must find that the evidence presented by Shah in his asylum application and proceeding compels the conclusion that he suffered past persecution at the hands of native Fijians on account of his Indian ethnicity or some other protected ground. See INS v. Elias-Zacarias, 502 U.S. 478 , 481 & n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992); see also Prasad v. INS, 47 F.3d 336, 340 (9th Cir.1995). Shah is a Fijian citizen of Indian ethnicity. In his asylum proceeding, Shah claimed that he was attacked by a native Fijian criminal and a crowd aiding that criminal; that people (presumably native Fijians) threw stones at his house; and that…