Thomas

Thomas v. Holder

Good Law
506 F. App'x 569
United States Court of Appeals for the Ninth CircuitJanuary 25, 201308-70213California309 words

Opinion

Opinion

MEMORANDUM

Michelle and David Thomas and their two children petition for review of the Board of Immigration Appeals’s (“BIA”) final order dismissing their appeal requesting asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 , and we deny the petition.

Substantial evidence supports the BIA’s determination that the Thomases did not meet their burden of establishing that they were harmed by persons the government was unwilling or unable to control. The police responded to Michelle Thomas’s reports of the vandalism of her car and the incident involving her daughter by patrolling the area and, for the vandalism incident, taking fingerprints. See Afriyie v. Holder, 613 F.3d 924, 931 (9th Cir.2010) (noting that local police response “may provide powerful evidence with respect to the government’s willingness or ability to protect” applicants); Nahrvani v. Gonzales, 399 F.3d 1148, 1154 (9th Cir.2005) (holding that the evidence did not compel a finding that acts were committed by forces the government was unwilling or unable to control where the police took reports documenting the petitioner’s complaints but were ultimately unable to solve the crimes). In…

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