Zibara

Zibara v. Holder

Good Law
515 F. App'x 666
United States Court of Appeals for the Ninth CircuitApril 9, 2013No. 08-74015California364 words

Opinion

Lead Opinion

MEMORANDUM ***

Badereddine Mohamad Zibara petitions for review of an order by the Board of Immigration Appeals (“BIA”) dismissing his appeal from the immigration judge’s decision denying his applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings. Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006). We deny the petition for review.

Substantial evidence supports the BIA’s finding that Zibara failed to establish past persecution on the basis of his short detentions during which he experienced no physical harm. “Although a reasonable factfinder could have found [these incidents] sufficient to establish past persecution, we do not believe that a factfinder would be compelled to do so.” Prasad v. I.N.S., 47 F.3d 336, 340 (9th Cir.1995); see Gu v. Gonzales, 454 F.3d 1014, 1020 (9th Cir.2006) (single detention and beating that did not require medical treatment did not compel past persecution finding); Ghaly v. INS, 58 F.3d 1425, 1431 (9th Cir. 1995) (“[Persecution is an extreme concept that does not include every…

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