Nailava
Nailava v. Holder
Opinion
Lead Opinion
MEMORANDUM **
Sailasa Nailava, a native and citizen of Fiji, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his application for asylum, withholding of deportation, and protection under the Convention Against Torture (“CAT”). Reviewing for substantial evidence, Nag oulko v. INS, 333 F.3d 1012, 1015 (9th Cir.2003), we deny the petition for review.
Substantial evidence supports the agency’s conclusion that the incidents of mistreatment Nailava suffered in Fiji did not rise to the level of persecution. See id. at 1016-18 ; see also Prasad v. INS, 47 F.3d 336, 339-40 (9th Cir.1995) (arrest, interrogation, brief detention, and beating did not compel finding of past persecution). Further, substantial evidence supports the agency’s finding that Nailava failed to establish he has an objective well-founded fear of persecution. See Prasad, 47 F.3d at 339-40 . Therefore, Nailava’s asylum claim fails.
Because Nailava failed to demonstrate eligibility for asylum, he necessarily failed to satisfy the more stringent standard for withholding of deportation. See id. at 340 .