Prasad

Prasad v. Gonzales

Good Law
137 F. App'x 974
United States Court of Appeals for the Ninth CircuitJune 29, 2005No. 04-70538California300 words

Opinion

Lead Opinion

MEMORANDUM ***

Lila Wati Prasad, a native and citizen of Fiji, petitions for review of the Board of Immigration Appeals’ (“BIA”) summary affirmation of the immigration judge’s (“IJ”) denial of her application for asylum, withholding of removal and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 and review for substantial evidence. See Chand v. INS, 222 F.3d 1066, 1073 (9th Cir.2000). We deny the petition for review.

Substantial evidence supports the IJ’s decision that Prasad’s single attack by ethnic Fijians does not constitute past persecution on account of her ethnic identity. See Lata v. INS, 204 F.3d 1241 (9th Cir.2000) (court not compelled to find persecution where Indo-Fijian was accosted once by ethnic Fijians and harassed); see also Prasad v. INS, 47 F.3d 336 (9th Cir.1995) (denying petition where single incident of arrest and beating by military police did not compel a finding of past persecution); cf. Chand, 222 F.3d at 1070 (granting petition where petitioner had been attacked by Fijian soldiers on three occasions, robbed repeatedly and told that the police would not investigate).

Because Prasad does not meet the lower…

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