Swamy
Swamy v. Immigration & Naturalization Service
Opinion
Lead Opinion
MEMORANDUM **
In order to prevail, Swamy must show that the evidence compels the conclusion that the Board’s denial of asylum was erroneous. Cord on-Garcia v. INS, 204 F.3d 985, 990 (9th Cir.2000). We find that Swamy has not met this heavy burden.
Persecution is “an extreme concept” that requires more than a showing of discrimination. Ghaly v. INS, 58 F.3d 1425, 1431 (9th Cir.1995). Arrest alone, if unaccompanied by physical injury, generally is insufficient to constitute persecution. Al-Saher v. INS, 268 F.3d 1143, 1146 (9th Cir.2001). Similarly, threatening phone calls, without more, do not constitute persecution. See Lim v. INS, 224 F.3d 929, 936 (9th Cir.2000) (“Threats standing alone ... constitute past persecution in only a small category of cases, and only when the threats are so menacing as to cause significant actual suffering or harm.”) (citing Sangha v. INS, 103 F.3d 1482, 1487 (9th Cir.1997)) (internal quotation marks omitted). The Board’s finding that Swamy did not experience past persecution was in accordance with precedent, and was supported by substantial evidence.
The Board’s finding that Swamy failed to establish a well-founded fear of future persecution was…