Zahar

Zahar v. Ashcroft

Good Law
109 F. App'x 907
United States Court of Appeals for the Ninth CircuitSeptember 22, 2004No. 03-70386California364 words

Opinion

Lead Opinion

MEMORANDUM **

Alvin Zahar, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ affirmance of an Immigration Judge’s (“IJ”) decision denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the IJ’s determination that Zahar’s' application for asylum was filed more than one year after arrival in the United States. See 8 U.S.C. § 1158 (a)(2)(B); Hakeem v. INS, 273 F.3d 812, 815 (9th Cir.2001).

We review for substantial evidence the IJ’s denial of Zahar’s application for withholding of removal. Id. at 816 . Zahar testified that when he was a child, ethnic Indonesians harassed or discriminated against him based on his Chinese ethnicity on three occasions, and that he was once the victim of an attempted robbery. The IJ properly concluded that the events, as Zahar described them, did not rise to the level of persecution, see Prasad v. INS, 47 F.3d 336, 340 (9th Cir.1995), and that Zahar’s fear of future persecution based on race or religion was not objectively well-founded, see Ghaly, v. INS, 58…

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