Beres

Beres v. Mukasey

Good Law
271 F. App'x 647
United States Court of Appeals for the Ninth CircuitMarch 26, 2008No. 04-72605California997 words

Opinion

Lead Opinion

MEMORANDUM *

Ambrozie Beres seeks review of the Board of Immigration Appeals’ (“BIA”) decision denying his claim for asylum, withholding of removal and protection under the Convention Against Torture (“CAT”). Beres is a native and citizen of Romania, but his family is Hungarian gypsy and speaks the Ceangau language.

The immigration judge (“IJ”) found Beres completely credible, but concluded that Beres’s experiences in Romania did not rise to the level of persecution and that they were not on account of a protected ground. 8 U.S.C. § 1101 (a)(42). We review the Id’s conclusion for substantial evidence, considering the record as a whole. See Surita v. INS, 95 F.3d 814, 819 (9th Cir.1996).

Although as a gypsy Beres experienced discrimination and harassment from students, colleagues, and strangers, persecution “does not include mere discrimination, as offensive as it may be.” Fisher v. INS, 79 F.3d 955, 962 (9th Cir.1996) (en banc). Similarly, although Beres experienced some difficulty in obtaining employment, he was able to find work (eventually in his field) and thus, at least standing alone, the economic disadvantage he suffered does not rise to the level of persecution. See…

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