Elsharkawi

Elsharkawi v. Holder

Good Law
312 F. App'x 956
United States Court of Appeals for the Ninth CircuitFebruary 25, 2009No. 06-74959California264 words

Opinion

Lead Opinion

MEMORANDUM **

Hazem Abbas Mohamed Elsharkawi, a native and citizen of Egypt, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing an appeal from an immigration judge’s (“IJ”) decision denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, Lolong v. Gonzales, 484 F.3d 1173, 1178 (9th Cir.2007) (en banc), and we deny the petition for review.

The BIA affirmed the IJ’s denial of El-sharkawi’s asylum application as time-barred. Elsharkawi does not challenge this finding in his opening brief.

Substantial evidence supports the agency’s determination that Elshar-kawi failed to establish that the detention and interrogation he suffered rose to the level of persecution. See Prasad, v. INS, 47 F.3d 336, 339-40 (9th Cir.1995) (no past persecution where the petitioner was arrested once, detained for four to six hours and beaten). Substantial evidence also *958 supports the BIA’s finding that Elshar-kawi has not demonstrated a clear probability that he will be targeted for future persecution. See Hoxha v. Ashcroft, 319…

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