Saleem

Saleem v. Holder

Good Law
329 F. App'x 140
United States Court of Appeals for the Ninth CircuitJuly 16, 2009No. 03-74553California328 words

Opinion

Lead Opinion

MEMORANDUM **

Umar Saleem, a native and citizen of Pakistan, petitions for review of the Board of Immigration Appeals’ denial of his application for asylum, 1 and withholding of removal. 2 We deny the petition.

The BIA’s determination that an alien is not eligible for asylum must be upheld if “ ‘supported by reasonable, substantial, and probative evidence on the record considered as a whole.’” INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812, 815 , 117 L.Ed.2d 38 (1992) (citation omitted). When an asylum claim is involved, 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) (en banc).

While Saleem did present sufficient evidence to show that he was severely abused by the police, 3 substantial evidence supports the BIA’s determination that the abuse was not due to his political opinion. See Elias-Zacarias, 502 U.S. at 481 , 112 S.Ct. at 815 (persecution must be on account of a protected ground); Dinu v. Ashcroft, 372 F.3d 1041, 1044 (9th Cir.2004) (holding that heavy-handed tactics by police during an investigation for…

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