Basilios

Basilios v. Holder

Good Law
310 F. App'x 1000
United States Court of Appeals for the Ninth CircuitFebruary 6, 2009No. 05-71480California476 words

Opinion

Lead Opinion

MEMORANDUM **

Nermin Basilios and family (collectively “Petitioners”), citizens of Egypt, appeal the BIA’s decision to uphold the IJ’s denial of their applications for asylum, withholding of removal, and protection under Article 3 of the Convention Against Torture. The parties are familiar with the facts of this case, and we repeat them only to the extent necessary to understand our disposition. This court has jurisdiction pursuant to 8 U.S.C. § 1252 (b). We deny the petition.

For an asylum claim, an alien must show either past persecution or a well-founded fear of future persecution that is “both subjectively genuine and objectively reasonable.” Fisher v. INS, 79 F.3d 955, 960 (9th Cir.1996); see also 8 U.S.C. §§ 1101 (a)(42)(A), 1158(b)(1)(A).

Petitioners’ asylum claim fails. The discrimination, harassment, and unfulfilled threats alleged are not sufficiently extreme to compel a finding of past persecution. See Lanza v. Ashcroft, 389 F.3d 917, 934 (9th Cir.2004) (describing persecution as an “extreme concept that does not include every sort of treatment our society regards as offensive”); Arriaga-Barrientos v. INS, 937 F.2d 411, 414 (9th Cir.1991) (holding that acts against…

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