Taniela Vi v. Eric H. Holder Jr.

Good Law
472 F. App'x 770
United States Court of Appeals for the Ninth CircuitApril 25, 201208-72998California283 words

Opinion

Opinion

MEMORANDUM

Juan Carlos Nunez-Saldana, a native and citizen of Peru, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009), and we deny the petition for review.

Substantial evidence supports the agency’s finding that, even if Nunez-Saldana’s asylum application was timely, his onetime beating by political opponents and subsequent harassment did not rise to the level of persecution. See Halim v. Holder, 590 F.3d 971, 975-76 (9th Cir.2009) (incidents including being “beaten by a mob of rioters” did not rise to the level of past persecution). Substantial evidence also supports the agency’s finding that NunezSaldana failed to establish an objective basis for a well-founded fear of future persecution. See Nagoulko v. INS, 333 F.3d 1012, 1018 (9th Cir.2003) (petitioner’s claims “too speculative to be credited as a basis for fear of future persecution”). Accordingly,…

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