Shverniks

Shverniks v. Holder

Good Law
427 F. App'x 596
United States Court of Appeals for the Ninth CircuitFebruary 15, 2011No. 06-75443California466 words

Opinion

Lead Opinion

MEMORANDUM ***

Igors Shverniks, a Latvian native and a Pentecostal Christian, petitions for review of a Board of Immigration Appeals decision affirming the Immigration Judge’s denial of his application for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). Shverniks argues the BIA erred in determining that he did not show past persecu-

tion and that he did not have a well-founded fear of future persecution and torture. We have jurisdiction under 8 U.S.C. § 1252 and deny the petition.

The record does not compel a finding that Shverniks’s alleged persecution was committed by the government, or by forces that the government was unable or unwilling to control. See Rahimzadeh v. Holder, 613 F.3d 916, 920-21 (9th Cir. 2010). Shverniks testified that the police visited him in the hospital each time he was assaulted in order to investigate the crimes. They were unable to assist further because Shverniks could not identify the assailants. That is insufficient to compel a finding of government complicity or indifference. See Tru,ong v. Holder, 613 F.3d 938, 941 (9th Cir.2010) (per curiam) (police dutifully made a report after each incident but were…

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