Danev

Danev v. Immigration & Naturalization Service

Good Law
19 F. App'x 618
United States Court of Appeals for the Ninth CircuitSeptember 21, 2001No. 00-70739; INS No. A72-682-471California343 words

Opinion

Lead Opinion

MEMORANDUM **

Ventzislav I. Danev, a native and citizen of Bulgaria, petitions for review of a decision of the Board of Immigration Appeals (“BIA”) affirming an immigration judge’s (“IJ”) denial of his application for asylum and withholding of deportation under 8 U.S.C. §§ 1158 (a), 1253(h). We have jurisdiction pursuant to 8 U.S.C. § llOSafe). 1 We deny the petition for review.

Because the BIA’s decision expressly adopted the IJ’s opinion, we review the IJ’s opinion. Lata v. INS, 204 F.3d 1241, 1244 (9th Cir.2000). We review factual findings and the determination of an applicant’s eligibility for asylum under the substantial evidence standard. Id.

Because the incidents which led Danev to leave Bulgaria did not rise to the level of persecution, the evidence did not compel a finding of eligibility for asylum or withholding of deportation. See INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992) (asylum); Fisher v. INS, 79 F.3d 955, 965 (9th Cir.1996) (en banc) (withholding); see also Prasad v. INS, 47 F.3d 336, 340 (9th Cir.1995) (holding that isolated violent incident cannot alone support persecution claim).

PETITION FOR REVIEW DENIED.

This…

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