Mujtaba

Mujtaba v. Ashcroft

Good Law
98 F. App'x 658
United States Court of Appeals for the Ninth CircuitMay 19, 2004No. 02-73705; Agency No. A27-220-449California364 words

Opinion

Lead Opinion

MEMORANDUM ***

We deny Ansar Waris Mujtaba’s petition for review. The Immigration Judge (“IJ”) found that Mujtaba was not credible, and also alternatively held that even if his version of events were taken as true, he had not established eligibility for asylum. Mujtaba’s brief is devoted to challenging the IJ’s credibility determination, but he fails to explain why the IJ’s ruling on the merits of his asylum claim is not supported by substantial evidence. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir.1996) (holding that petitioner had waived issue by failing to discuss issue in body of opening brief).

Even if we assume Mujtaba has not waived the issue entirely, substantial evidence supports the IJ’s decision. The two or three rally incidents described by Mujtaba do not rise to a level of past persecution. See Prasad v. INS, 47 F.3d 336, 339 (9th Cir.1995) (concluding there was no past persecution where petitioner was arrested, hit, kicked, and detained for four to six hours). Mujtaba also admitted that he had never been arrested or threatened with arrest for his political activities and stated only that he had heard through a friend that there was a chance of his…

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