Uddin

Uddin v. Gonzales

Good Law
202 F. App'x 187
United States Court of Appeals for the Ninth CircuitSeptember 15, 2006No. 04-75552California281 words

Opinion

Lead Opinion

MEMORANDUM **

Salah Uddin, a native and citizen of Bangladesh, petitions for review of the Board of Immigration Appeals’ decision adopting and affirming an Immigration Judge’s (“IJ”) denial of his application for asylum and withholding of deportation, and request for relief under the Convention Against Torture (“CAT”). We review for substantial evidence and will uphold the IJ’s decision unless the evidence compels a contrary conclusion. INS v. Elias-Zacarias, 502 U.S. 478, 481, 488-84 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). We deny the petition.

Substantial evidence supports the IJ’s conclusion that Uddin did not establish past persecution or a well-founded fear of future persecution. The single beating Uddin received, perpetrated by his Muslim neighbors, does not constitute persecution. See Castro-Perez v. Gonzales, 409 F.3d 1069, 1072 (9th Cir.2005). Moreover, Uddin was able to relocate within Bangladesh for a year, and later return to his village to visit for two months, without further incident, which undermines his claim of a well-founded fear of future persecution. See Lata v. INS, 204 F.3d 1241, 1245 (9th Cir.2000).

Because Uddin failed to establish eligibility for…

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