Zaharian
Zaharian v. Mukasey
Opinion
Lead Opinion
MEMORANDUM **
Berta Zaharian, a citizen of Turkmenistan, petitions for review of the Board of Immigration Appeals’ order dismissing her appeal from an immigration judge’s (“IJ”) decision denying her 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 factual findings for substantial evidence, Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir. 2006), and we deny the petition for review.
Substantial evidence supports the agency’s finding of no past persecution because the detention and harm suffered by Zaharian do not rise to the level of persecution. See Gu v. Gonzales, 454 F.3d 1014, 1020 (9th Cir.2006) (arrest, beating, and three-day detention after which petitioner returned to job as government employee, did not constitute past persecution). Substantial evidence also supports the agency’s determination that Zaharian has not established an objective well-founded fear of future persecution based on her religion because there is no evidence that the government is continuing to look for her and the State Department reports do not indicate that religious minorities in…