Khazel

Khazel v. Ashcroft

Good Law
94 F. App'x 560
United States Court of Appeals for the Ninth CircuitApril 2, 2004No. 03-70149California359 words

Opinion

Lead Opinion

MEMORANDUM **

This is a streamlined case in which we review the decision of the immigration judge (“IJ”). 1 To establish eligibility for asylum on the basis of past persecution, an applicant must show: (1) an incident, or incidents, that rise to the level of persecution; (2) that is on account of one of the statutorily-protected grounds; and (3) is committed by the government or forces the government is either unable or unwilling to control. 2 The IJ found that, assuming his testimony was credible, Khazel was not eligible for asylum because the mistreatment he suffered on account of his religion was at the hands of his commanding officer only and was not condoned by the Syrian government. This finding is supported by reasonable, substantial, and probative evidence in the record. 3 The IJ based her decision on Khazel’s testimony that Khazel was mistreated only by his commanding officer in the Syrian army, *562 Danda, and that Danda was tried and imprisoned for mistreatment leading to the death of another Christian soldier, as well as the State Department report which indicates that Christians are not singled out for persecution by the Syrian government. The evidence does not a…

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