Murti

Murti v. Gonzales

Good Law
132 F. App'x 123
United States Court of Appeals for the Ninth CircuitMay 12, 2005No. 04-73495California337 words

Opinion

Lead Opinion

MEMORANDUM ***

Ram Murti, a native and citizen of India, petitions for review from the Board of Immigration Appeals’ order summarily affirming an immigration judge’s (“IJ”) denial of his application for asylum, withholding of deportation, and relief under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to former 8 U.S.C. § 1105a(a). We review for substantial evidence, see Lata v. INS, 204 F.3d 1241, 1244 (9th Cir.2000), and we deny the petition.

Substantial evidence supports the IJ’s conclusion that Murti failed to establish past persecution or a well-founded fear of future persecution on account of an enumerated ground. See INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). Murti, a Hindu Congress-party member, failed to demonstrate that on the single occasion he was arrested, detained and beaten, the Punjab police acted on account of Murti’s actual or imputed political opinion. See Dinu v. Ashcroft, 372 F.3d 1041, 1044-45 (9th Cir.2004) (holding that legitimate criminal investigation is not persecution on account of an applicant’s political opinion). Furthermore, substantial evidence supports the IJ’s determination that…

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