Donis

Donis v. Ashcroft

Good Law
109 F. App'x 946
United States Court of Appeals for the Ninth CircuitSeptember 23, 2004No. 03-72008California363 words

Opinion

Lead Opinion

MEMORANDUM **

Virgilia Miranda Donis, a native and citizen of Guatemala, petitions for review of the denial by the Board of Immigration Appeals (“BIA”) and Immigration Judge of her claims for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, Lata v. INS, 204 F.3d 1241, 1245 (9th Cir.2000), and we reverse only if the evidence compels a contrary conclusion, INS v. Elias-Zacarias, 502 U.S. 478, 483-84 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). We deny the petition for review.

Substantial evidence supports the BIA’s determination that, even assuming Donis’s testimony was credible, her mistreatment by guerillas did not rise to the level of persecution. See Ghaly v. INS, 58 F.3d 1425, 1431 (9th Cir.1995) (holding that persecution is an “extreme” concept); Prasad v. INS, 47 F.3d 336, 339-40 (9th Cir.1995) (concluding no persecution where applicant was stopped at roadblock, arrested, detained four to six hours, hit in stomach, kicked, and opposing ethnic group pelted house with stones and attempted to steal property). Moreover, there is no showing that incidents were not…

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