Celmeta

Celmeta v. Holder

Good Law
312 F. App'x 875
United States Court of Appeals for the Ninth CircuitFebruary 20, 2009Nos. 05-71245, 05-75513California500 words

Opinion

Lead Opinion

MEMORANDUM *

Substantial evidence supports the Immigration Judge’s determination that Celmeta 1 failed to carry his burden of proving his eligibility for asylum. The record does not compel a finding that the abuse Celmeta suffered in 1998 constituted persecution. See Hoxha v. Ashcroft, 319 F.3d 1179, 1182 (9th Cir.2003). Nor does the record compel a finding that the beating and threats Celmeta experienced in 2002 were on account of political opinion. Although “official retaliation against those who expose and prosecute governmental corruption may, in appropriate circumstances, amount to persecution on account of political opinion,” Grava v. INS, 205 F.3d 1177, 1181 (9th Cir.2000), the record does not compel a finding that Cehneta’s actions were aimed at governmental corruption rather than ordinary criminal activity, or that Celmeta was engaged in whistleblowing directed at political institutions. Cf. Fedunyak v. Gonzales, 477 F.3d 1126, 1130 (9th Cir.2007). Because Celme-ta did not demonstrate he would suffer persecution on account of a protected ground, he does not meet the more stringent standard for withholding of removal. See Prasad v. INS, 47 F.3d 336, 340 (9th Cir.1995).…

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