Prasad

Prasad v. Holder

Good Law
324 F. App'x 608
United States Court of Appeals for the Ninth CircuitApril 27, 2009Nos. 05-72608, 05-75855California275 words

Opinion

Lead Opinion

MEMORANDUM **

Veronica Prasad, a native and citizen of Fiji, petitions for review of the Board of Immigration Appeals’ (“BIA”) orders dismissing her appeal from an immigration judge’s (“IJ”) decision denying her application for asylum and withholding of removal (No. 05-72608), and denying her motion to reopen proceedings to adjust status (No. 05-75855). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings, Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006), and we review for abuse of discretion the denial of a motion to reopen, Malty v. Ashcroft, 381 F.3d 942, 945 (9th Cir.2004). We deny the petitions for review.

Substantial evidence supports the IJ’s denial of asylum because the vandalism and robberies Prasad suffered in Fiji did not rise to the level of persecution, see Singh v. INS, 134 F.3d 962, 967-68 (9th Cir.1998), and she failed to establish a well-founded fear of future persecution, see *609 Hakeem v. INS, 273 F.3d 812, 816 (9th Cir.2001) (fear of persecution undercut where similarly-situated family remain without harm).

Because Prasad failed to satisfy the lower standard of proof for asylum, it…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.