Gouasmia
Gouasmia v. Mukasey
Opinion
Lead Opinion
MEMORANDUM ***
Nouar Gouasmia, an Algerian citizen, seeks review of the Attorney General’s decision finding him ineligible for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). As the parties are familiar with the underlying facts, they will not be repeated here.
An alien is eligible for asylum if “he is unable or unwilling to return to [his native country] because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.” Ahmed v. Keisler, 504 F.3d 1183, 1191 (9th Cir.2007) (internal quotation marks omitted); see 8 U.S.C. § 1101 (a)(42)(A). Where an alien has suffered past persecution, a rebuttable presumption arises that he also has a well-founded fear of future persecution. See 8 C.F.R. § 208.13 (b)(1).
Here, the Attorney General, acting through an Immigration Judge and the Board of Immigration Appeals, found that the threatening letters and other events Gouasmia experienced after civil war broke out in Algeria did not constitute persecution. We conclude such finding is supported by substantial evidence. See Ahmed, 504 F.3d at 1191 . The…