Chand

Chand v. Mukasey

Good Law
285 F. App'x 386
United States Court of Appeals for the Ninth CircuitJuly 8, 2008No. 05-73631California284 words

Opinion

Lead Opinion

MEMORANDUM **

Parmesh Chand, a native and citizen of Fiji, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his application for withholding of removal and relief under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence and will uphold the agency’s decision unless the evidence compels a contrary conclusion. INS v. Elias-Zacarias, 502 U.S. 478 , 481 n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). We deny the petition for review.

The record does not compel the conclusion that the harms Chand described rose to the level of persecution, and there is insufficient evidence to establish that he faces a clear probability of persecution if he returns to Fiji. See Prasad v. INS, 47 F.3d. 336, 339-40 (9th Cir.1995) (denying relief of withholding of removal where the petitioner was arrested, detained for four to six hours, beaten, and private citizens threw stones at his house and attempted to steal • property). Accordingly, we deny Chand’s withholding of removal claim. See id. at 340 .

Chand failed to establish a CAT claim because he did…

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