Volavola

Volavola v. Gonzales

Good Law
225 F. App'x 559
United States Court of Appeals for the Ninth CircuitMarch 16, 2007No. 05-72491California333 words

Opinion

Lead Opinion

MEMORANDUM **

Arikoli Mainakavika Volavola, his wife, Newamai Bale Volavola, and their two children, Ratu Orisi Lalabalavu Volavola and Asinate Talei Volavola, natives and citizens of Fiji, petition for review of the Board of Immigration Appeals’ order dismissing their appeal from an immigration judge’s decision denying their applications for asylum, withholding of removal and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review the agency’s factual findings for substantial evidence, and reverse only if the evidence compels a contrary conclusion. Gu v. Gonzales, 454 F.3d 1014, 1018 (9th Cir.2006). We deny the petition for review.

The lead petitioner’s testimony that he was threatened, verbally assaulted and spat upon does not compel the conclusion that he was persecuted. See Halaim v. INS, 358 F.3d 1128, 1132 (9th Cir.2004) (“Persecution is an extreme concept that does not include every sort of treatment our society regards as offensive.”) (internal quotation marks and citation omitted); Hoxha v. Ashcroft, 319 F.3d 1179 (9th Cir.2003) (unfulfilled threats usually “constitute harassment rather than persecu *560 tion”).…

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