Funes

Funes v. Ashcroft

Good Law
119 F. App'x 868
United States Court of Appeals for the Ninth CircuitDecember 15, 2004No. 03-74657; Agency No. A79-584-076California429 words

Opinion

Lead Opinion

MEMORANDUM **

Elder Emiliane Garcia Funes, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ decision summarily affirming the Immigration Judge’s (“IJ”) denial of his applications for asylum, withholding of removal and relief pursuant to the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review the IJ’s decision for substantial evidence. See Gormley v. Ashcroft, 864 F.3d 1172, 1176 (9th Cir.2004). We deny the petition.

Any harassment Funes may have suffered at the hands of his fellow elementary or middle school classmates on the basis of his ethnicity does not rise to the level of persecution. See id. (holding that persecution is an extreme concept that does not include every sort of treatment that our society regards as offensive); Nagoulko v. INS, 333 F.3d 1012, 1016-18 (9th Cir.2003) (holding applicant was teased, bothered, discriminated against and harassed based on her religious beliefs, but that it did not rise to the level of persecution). Likewise, any threats made against Funes were unspecified and unfulfilled and do not compel a finding of past persecution. See Hoxha v. Ashcroft, 319 F.3d…

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