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Kang v. Keisler

United States Court of Appeals, Ninth Circuit
Nov 1, 2007
253 F. App'x 640 (9th Cir. 2007)

Opinion

No. 04-72820.

Submitted October 19, 2007.

The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).

Filed November 1, 2007.

James W. Moore, Esq., Law Offices of James W. Moore, San Francisco, CA, for Petitioner.

Regional Counsel, Western Region Immigration Naturalization Service, Laguna Niguel, CA, Earle B. Wilson, Esq., Leslie McKay Fax, U.S. Department of Justice, Civil Div./Office of Immigration Lit., Washington, DC, for Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals. Agency No. A95-390-830.

Before: KLEINFELD and RAWLINSON, Circuit Judges, and RESTANI, Judge.

The Honorable Jane A. Restani, Chief Judge, United States Court of International Trade, sitting by designation.



MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.


Dina Rang has appealed the denial of her asylum petition.

The evidence Rang presented does not compel a finding of past persecution. Although Rang has suffered harassment and discrimination, the adversities she has suffered do not rise to the level of "persecution."

See Fisher v. INS, 79 F.3d 955, 961 (9th Cir. 1996) (en banc).

The evidence also does not compel a finding of well-founded fear of future persecution. Although Kang credibly testified that she subjectively genuinely feared persecution, she must also show credible, specific evidence that support a reasonable fear of persecution. To do this, Rang could show either "a pattern or practice of persecution of people similarly situated" or that she "is a member of a disfavored group coupled with a showing that she, in particular, is likely to be targeted as a member of that group." Hang's evidence may support a likelihood of harassment and discrimination similar to what she suffered before, but there is no evidence to show that her fear of future "persecution" is well founded.

See Knezevic v. Ashcroft, 367 F.3d 1206, 1213 (9th Cir. 2004).

See Sael v. Ashcroft, 386 F.3d 922, 925 (9th Cir. 2004).

PETITION DENIED.


Summaries of

Kang v. Keisler

United States Court of Appeals, Ninth Circuit
Nov 1, 2007
253 F. App'x 640 (9th Cir. 2007)
Case details for

Kang v. Keisler

Case Details

Full title:Dina KANG, Petitioner, v. Peter D. KEISLER, Acting Attorney General…

Court:United States Court of Appeals, Ninth Circuit

Date published: Nov 1, 2007

Citations

253 F. App'x 640 (9th Cir. 2007)