Nand

Nand v. Holder

Good Law
458 F. App'x 635
United States Court of Appeals for the Ninth CircuitNovember 14, 201107-73209California705 words

Opinion

Opinion

MEMORANDUM

Sarita Kumari Nand (“lead petitioner”), her husband, Bishwa Nand, and their son, Binaal Nand Sahai, natives and citizens of Fiji, petition for review of the Board of Immigration Appeal’s (“BIA”) affirmance of an immigration judge’s denial of their applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). The petitioners also seek review of the BIA’s denial of their motion to reopen. We have jurisdiction under 8 U.S.C. § 1252 , and we deny the petition.

Substantial evidence supports the BIA’s conclusion that the lead petitioner did not meet her burden of establishing past persecution. See Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006); see also Lim v. INS, 224 F.3d 929, 936-37 (9th Cir.2000) (holding that most threats do not rise to the level of persecution); Korablina v. INS, 158 F.3d 1038, 1043-44 (9th Cir.1998) (recognizing that acts of violence against family members may show past persecution only when that violence creates a pattern of persecution closely tied to the petitioner).

Substantial evidence also supports the BIA’s conclusion that the lead petitioner failed to meet her burden of establishing an…

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