Fransisca

Fransisca v. Mukasey

Good Law
286 F. App'x 515
United States Court of Appeals for the Ninth CircuitAugust 6, 2008No. 04-73865California312 words

Opinion

Lead Opinion

MEMORANDUM ***

Natalia Fransisca (Fransisca) petitions for review of a Board of Immigration Appeals’ decision affirming the immigration judge’s (IJ) denial of her applications for asylum and withholding of removal.

Even accepting her testimony as credible, Fransisca failed to demonstrate the requisite persecution for asylum. Although Fransisca allegedly suffered several deplorable incidents of harassment, these acts do not constitute persecution. See Kumar v. Gonzales, 439 F.3d 520 , 524 n. 3 (9th Cir.2006) (“Discrimination on the basis of race or religion, as morally reprehensive as it may be, does not ordinarily amount to persecution within the meaning of the Act.... While the ethnic slurs and physical confrontations the [petitioners] endured are regrettable, the evidence presented here does not compel reversal.”) (citation omitted); see also Lata v. I.N.S., 204 F.3d 1241, 1244-45 (9th Cir.2000).

Fransisca also fails to demonstrate the requisite individualized risk to establish a well-founded fear of future persecution as a member of a disfavored group. Cf. Sael v. Ashcroft, 386 F.3d 922, 927-29 (9th Cir. *516 2004). Fransisca has not provided sufficient evidence “that she…

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