Govind

Govind v. Holder

Good Law
342 F. App'x 353
United States Court of Appeals for the Ninth CircuitAugust 17, 2009No. 06-71812California255 words

Opinion

Lead Opinion

*354 MEMORANDUM **

Rajiv Govind, 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 and withholding of removal. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence, INS v. Elias-Zacarias, 502 U.S. 478 , 481 n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992), and we deny in part and dismiss in part the petition for review.

Substantial evidence supports the agency’s finding that Govind did not establish that the harms he experienced in school and during the 1987 coup were on account of his Indo-Fijian ethnicity or his religion. See Gormley v. Ashcroft, 364 F.3d 1172, 1177 (9th Cir.2004) (“Random, isolated criminal acts perpetrated by anonymous thieves do not establish persecution”). Substantial evidence also supports the agency’s finding that Govind’s similarly situated Indo-Fijian brother remains in Fiji without incident. See Hakeem v. INS, 273 F.3d 812, 816-17 (9th Cir.2001). Accordingly, Govind’s asylum and withholding of removal claims fail.

We lack jurisdiction to review the agency’s discretionary determination…

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