Prakash

Prakash v. Gonzales

Good Law
217 F. App'x 702
United States Court of Appeals for the Ninth CircuitJanuary 12, 2007No. 05-71470California317 words

Opinion

Lead Opinion

MEMORANDUM **

Chander Prakash, a native and citizen of Fiji, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision summarily affirming an Immigration Judge’s (“LJ”) denial of his application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 . 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, 483-84 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). We deny the petition in part, grant in part, and remand.

*703 Substantial evidence supports the IJ’s decision that Prakash failed to establish past persecution or a well-founded fear of future persecution based on ethnic Fijians threatening him to leave his house, difficulties finding work in Fiji, and an incident in which an ethnic Fijian punched him. See Prasad v. INS, 47 F.3d 336, 339-40 (9th Cir.1995) (finding no past persecution or well-founded fear of future persecution where the petitioner was arrested, detained for four to six hours, beaten, and private citizens threw stones at his house and attempted to steal property).

Because Prakash failed to establish eligibility for…

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