Padda

Padda v. Keisler

Good Law
251 F. App'x 469
United States Court of Appeals for the Ninth CircuitOctober 22, 2007No. 04-71764California333 words

Opinion

Lead Opinion

MEMORANDUM ****

Malkiat Singh Padda, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) affirmance of an Immigration Judge’s (“IJ”) denial of his applications for asylum, withholding of removal, and for relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review the BIA’s decision for substantial evidence and may reverse only if the evidence compels such a result. INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). We deny the petition for review.

Substantial evidence supports the BIA’s determination that petitioner failed to establish past persecution or a well-founded fear of future persecution on account of an enumerated ground. Petitioner’s 1991 five-hour detention fails to rise to the level of persecution. See Al-Saher v. INS, 268 F.3d 1143, 1146 (9th Cir.2001) (five to six-day detention without abuse or threats did not constitute persecution); see also Mendez-Efrain v. INS, 813 F.2d 279, 283 (9th Cir.1987) (four-day detention, without more, did not constitute persecution). Because the government began an investigation into his 2000 arrest, petitioner…

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