Purcarelu

Purcarelu v. Ashcroft

Good Law
81 F. App'x 964
United States Court of Appeals for the Ninth CircuitNovember 25, 2003No. 02-72883California331 words

Opinion

Lead Opinion

MEMORANDUM *

The BIA’s streamlined decision affirmed, without opinion, the IJ’s denial of Purearelu’s asylum application. Therefore, the IJ’s decision is the final agency action for purposes of this appeal. See Cedano-Viera v. Ashcroft, 324 F.3d 1062 , 1063 n. 1 (9th Cir.2003). The IJ’s determination that Purearelu is ineligible for asylum “can be reversed only if the evidence presented by [Purearelu] was such that a reasonable factfinder would have to conclude that the requisite fear of persecution existed.” INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992) (citation omitted).

According to Purearelu, three men punched him in the stomach when he refused to leave the Civic Alliance party. However, Purearelu was not detained and did not require medical treatment. Moreover, by all accounts, this was an isolated incident. It is also unclear whether the assault was committed by the government or forces the government was either unable or unwilling to control, given that Purearelu did not recognize the men and they neither identified themselves nor their political affiliation. See Ernesto Navas v. INS, 217 F.3d 646, 655-656 (9th Cir.2000). Even if the…

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