Florian

Florian v. Ashcroft

Good Law
95 F. App'x 902
United States Court of Appeals for the Ninth CircuitApril 26, 2004No. 02-72271California401 words

Opinion

Lead Opinion

MEMORANDUM **

Hansee Fernando Solorzano Florian, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of an Immigration Judge’s (“IJ”) denial of his application for asylum and withholding of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for substantial evidence, see Meza-Manay v. INS, 139 F.3d 759, 762 (9th Cir.1998), and we deny the petition for review.

Substantial evidence supports the IJ’s conclusion that petitioner failed to establish past persecution. See INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). Petitioner’s testimony that on one occasion he was kicked by an unidentified, armed individual does not compel a finding of past persecution. See Prasad v. INS, 47 F.3d 336, 339-40 (9th Cir.1995) (denying asylum where petitioner was hit and kicked while detained at police station).

Likewise, substantial evidence supports the IJ’s finding that petitioner failed to establish a well-founded fear of persecution on account of an enumerated ground. See Acewicz v. INS, 984 F.2d 1056, 1061 (9th Cir.1993).

Because petitioner failed to establish eligibility for…

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