Elviano

Elviano v. Mukasey

Good Law
302 F. App'x 687
United States Court of Appeals for the Ninth CircuitDecember 3, 2008No. 06-70788California358 words

Opinion

lead Opinion

MEMORANDUM **

Jeffry Elviano, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence factual findings, Ghaly v. INS, 58 F.3d 1425, 1429 (9th Cir.1995), and we deny the petition for review.

Substantial evidence supports the BIA’s finding of no past persecution because the harms experienced by Elviano *689 in 1995, even when considered cumulatively, do not rise to the level of persecution. See Prasad v. INS, 47 F.3d 336, 339-40 (9th Cir.1995). Substantial evidence also supports the BIA’s conclusion that Elviano failed to establish that the 2001 attempted recruitment was on account of a protected ground, see Tecun-Florian v. INS, 207 F.3d 1107, 1110 (9th Cir.2000), and thus correctly did not consider it as part of the cumulative harm. In addition, substantial evidence supports the BIA’s finding that Elviano has failed to demonstrate a well-founded fear of future persecution…

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