Alles

Alles v. Holder

Good Law
344 F. App'x 405
United States Court of Appeals for the Ninth CircuitSeptember 2, 2009No. 05-77117California711 words

Opinion

Lead Opinion

MEMORANDUM **

Andrew Winston Alies and his family (“Petitioners”), natives and citizens of Sri Lanka, petition for review of the Board of Immigration Appeals’ (“BIA”) November 15, 2005 per curiam decision dismissing Petitioners’ appeal from an Immigration Judge’s (“IJ”) June 28, 2004 decision that denied Petitioners’ applications for asylum, withholding of removal, and protection under the United Nations’ Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 , as amended by section 106 of the Real ID Act of 2005, 119 Stat. 231 , 305, and we deny the petition for review.

To be eligible for asylum, a petitioner must show past persecution based on a protected ground and an objectively reasonable fear of future persecution. See 8 U.S.C. § 1101 (a)(42)(A); Padash v. INS, 358 F.3d 1161, 1166 (9th Cir.2004). Here, it is questionable whether Alies has dem *407 onstrated an objective basis for his claim of past persecution because he continued to reside in Sri Lanka for ten years after his brother’s assassination. The only claimed persecution during this period by the Janatha Vimukthi Perama (“JVP”) political party were telephone threats that were never…

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.