Sharma

Sharma v. Gonzales

Good Law
146 F. App'x 213
United States Court of Appeals for the Ninth CircuitOctober 18, 2005No. 04-72399; Agency Nos. A79-586-284, A79-586-285California413 words

Opinion

Lead Opinion

MEMORANDUM **

Jagdish Chandra Sharma, a native and citizen of Fiji, and his daughter Daizy D. Sharma, a native and citizen of New Zealand, petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration *214 judge’s (“IJ”) decision denying their claims for asylum, withholding of removal, and relief under the Convention Against Torture, and the denial of their motion to remand based on ineffective assistance of counsel. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence and will reverse the agency’s determination only if the evidence compels such a result. Ghaly v. INS, 58 F.3d 1425, 1429 (9th Cir.1995). We review for abuse of discretion the denial of a motion to remand. Movsisian v. Ashcroft, 395 F.3d 1095, 1098 (9th Cir.2005). We deny the petition for review.

The events described by the lead petitioner, including being beaten and having stones thrown at his house due to his ethnicity, do not compel a finding of past persecution. See Prasad v. INS, 47 F.3d 336, 339-40 (9th Cir.1995) (finding no past persecution or well-founded fear of future persecution where the petitioner was arrested, detained…

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