Singh

Singh v. Gonzales

Good Law
218 F. App'x 653
United States Court of Appeals for the Ninth CircuitJanuary 17, 2007No. 05-73914California353 words

Opinion

Lead Opinion

MEMORANDUM **

Hem Chandra Singh, an ethnically Indian native and citizen of Fiji, petitions for review of the Board of Immigration Appeals’ (“BIA”) order affirming the Immigration Judge’s (“IJ”) order denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for substantial evidence, Lata v. INS, 204 F.3d 1241, 1244 (9th Cir.2000), and we deny the petition for review.

The BIA’s conclusion the harm that Singh suffered at the hands of native Fijians does not rise to the level of past persecution on account of his ethnicity is supported by substantial evidence. See Singh v. INS, 134 F.3d 962, 969 (9th Cir. 1998) (holding that the evidence that asylum applicant’s house was stoned, native Fijians loitered in his yard, and his daughter’s friend was raped, did not amount to past persecution). Furthermore, substantial evidence supports the BIA’s decision that Singh does not have a well-founded fear of persecution from native Fijians because his family continues to live unharmed in Fiji. See Hakeem v. INS, 273 F.3d 812, 816 (9th Cir.2001) (holding that a well-founded…

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