Phanthavongsa

MEMORANDUM **

Phoumiphonh Kae Phanthavongsa, a native and citizen of Laos, petitions for review of the Board of Immigration Appeals’ decision affirming an immigration judge’s denial of his applications for asylum, withholding of removal, and relief under the Convention Against Torture. We deny the petition. Because the parties are familiar with the facts, we do not recount them here.

Though the IJ appears to have misspoken during her discussion of past persecution, the record shows that the IJ found that Phanthavongsa suffered discrimination and not persecution, which is a proper legal distinction. See Ghaly v. INS, 58 F.3d 1425, 1431 (9th Cir.1995). While harm falling short of severe violence can qualify as persecution, the treatment of Phanthavongsa at school was not accompanied by threats, detention or other incidents that, taken cumulatively, would compel a finding of past persecution. See Chand v. INS, 222 F.3d 1066, 1074 (9th Cir.2000). The IJ’s determination that these acts constituted discrimination is therefore supported by substantial evidence.

The treatment of Phanthavongsa’s parents was also insufficient to compel a finding of past persecution. The alleged torture…