Stevano

Stevano v. Ashcroft

Good Law
120 F. App'x 126
United States Court of Appeals for the Ninth CircuitJanuary 14, 2005No. 03-73647California404 words

Opinion

Lead Opinion

MEMORANDUM **

Don Tibbsy Stevano, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision affirming the Immigration Judge’s denial of his application for asylum and withholding of removal, and request for relief under the Convention Against Torture (“CAT”). We have jurisdiction under *127 8 U.S.C. § 1252 . We review for substantial evidence, and reverse only if the evidence compels a contrary conclusion. See Prasad v. INS, 47 F.3d 336, 338-39 (9th Cir.1995). We deny the petition for review.

Even accepting Stevano’s testimony as credible, substantial evidence supports the BIA’s determination that his experiences in Indonesia 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). The lone incident of harm that occurred over twenty years ago, where Stevano alleges he was showered with stones by unidentified assailants, was not persecution. See Prasad, 47 F.3d 336 at 339-40 (no finding of persecution or well-founded fear of persecution where applicant was stopped at roadblock, arrested, detained four to six hours, hit in stomach, kicked,…

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