Markovic

Markovic v. Ashcroft

Good Law
116 F. App'x 131
United States Court of Appeals for the Ninth CircuitNovember 23, 2004No. 03-72483California409 words

Opinion

Lead Opinion

MEMORANDUM **

Milorad Markovic, a native of Yugoslavia and citizen of Bosnia-Herzegovina, petitions for review of the decision of the Board of Immigration Appeals (“BIA”) summarily affirming without opinion an immigration judge’s (“IJ”) denial of his applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review a denial of asylum for substantial evidence. Nagoulko v. INS, 333 F.3d 1012, 1015 (9th Cir.2003). We deny the petition.

Substantial evidence supports the IJ’s finding that Markovic did not establish past persecution. Markovie’s thirty-two-hour detention and interrogation did not rise to the level of persecution, as he was not harmed and was allowed to receive food and water from his friends. See Al-Saher v. INS, 268 F.3d 1143, 1146 (9th Cir.2001) (holding that a five to six day detention, with no physical violence or threats, did not amount to persecution). Nor did any harassment Markovic suffered at the hands of police rise to the level of persecution. At most, there was one unfulfilled threat. Generally, a single unfulfilled threat, without more, does not establish a…

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