Durakovic

Durakovic v. Ashcroft

Good Law
118 F. App'x 291
United States Court of Appeals for the Ninth CircuitJanuary 12, 2005No. 03-71086; Agency No. A78-079-037California284 words

Opinion

Lead Opinion

MEMORANDUM **

Arben Durakovic, an ethnic Albanian Muslim from Montenegro, petitions pro se for review of the decision of the Board of Immigration Appeals affirming without opinion the immigration judge’s (“IJ”) denial of asylum, withholding of removal, and protection under the Convention Against Torture. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, Gonzalez-Hernandez v. Ashcroft, 336 F.3d 995, 998 (9th Cir.2003), and we deny the petition for review.

Substantial evidence supports the IJ’s determination that the Yugoslavian army’s single unsuccessful attempt to recruit Durakovic for military service did not constitute past persecution. See, e.g., Lim v. INS, 224 F.3d 929, 936 (9th Cir.2000) (holding that threats did not compel finding of past persecution where “[njeither [the applicant] nor his family was ever touched, robbed, imprisoned, forcibly recruited, detained, interrogated, trespassed upon, or even closely confronted”). Substantial evidence also supports the IJ’s *292 determination that Durakovic’s fear of future harm is not objectively well-founded. See, e.g., Acewicz v. INS, 984 F.2d 1056 , 1060—61 (9th Cir.1993) (finding no…

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