Palahuta

MEMORANDUM *

Vladyslav Palahuta, a native and citizen of the Ukraine, petitions for review of the Board of Immigration Appeals’ (“BIA”) dismissal of his appeal of the Immigration Judge’s denial of his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 (a). We review for substantial evidence, INS v. Elias-Zacarias, 502 U.S. 478, 484 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992), and we deny the petition for review.

Palahuta was arrested and struck at a demonstration protesting the university’s Ukranian-language only policy, and taken to jail. He was released the same day after being issued a summons and an application form acknowledging his guilt. He fears persecution by the police for his failure to appeal’ as required by the summons. Palahuta also testified that shortly after his arrest, a mafioso offered him 1/5 of the market price for his flat, or death.

Assuming Palahuta testified credibly, substantial evidence supports the BIA’s conclusion that this past harassment does not rise to the level of persecution. See Nagoulko v. INS, 333 F.3d 1012, 1016 (9th *582 Cir.2003)…