Velarde

Velarde v. Gonzales

Good Law
216 F. App'x 702
United States Court of Appeals for the Ninth CircuitJanuary 8, 2007No. 04-71974California302 words

Opinion

Lead Opinion

MEMORANDUM *

Petitioner submits various claims seeking relief from removal on account of his status as a homosexual and, alternatively, on account of political opinion.

Petitioner alleges three incidents where he was ridiculed or harassed as a result of his homosexuality. However, the statute under which Petitioner seeks relief requires persecution. 8 U.S.C. § 1158 (b)(1); 8 C.F.R. § 208.13 (b). Persecution is “the infliction of suffering or harm upon those who differ in a way regarded as offensive.” Desir v. Ilchert, 840 F.2d 723, 727 (9th Cir.1988). It is an “extreme concept.” Fisher v. INS, 79 F.3d 955, 961 (9th Cir.1996). None of the three incidents of ridicule or harassment is sufficient to constitute past persecution. There also is no basis in the record for a claim of fear of future persecution based on Petitioner’s homosexuality.

Although a failure to show persecution does not necessarily preclude CAT relief, Petitioner does not point to any additional evidence that the Immigration Judge should have considered in evaluating his CAT claim. Therefore, we must affirm the Immigration Judge’s denial of relief on this claim as well. See Farah v. Ashcroft, 348 F.3d 1153,…

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