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Prakash v. Mukasey

United States Court of Appeals, Ninth Circuit
Jan 14, 2008
263 F. App'x 620 (9th Cir. 2008)

Opinion

No. 04-73143.

Argued and Submitted October 18, 2007.

Filed January 14, 2008.

Judith Lott, Newark, CA, for Petitioner.

Ronald E. Lefevre, Chief Counsel, Office of the District Counsel, San Francisco, CA, Marianne A. Pansa, Esq., Office of the U.S. Attorney, Fresno, CA, David V. Bernal, Attorney, Russell J.E. Verby, Esq., 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. A78-646-107.

Before: TROTT and GRABER, Circuit Judges, and SHADUR, Senior Judge.

The Honorable Milton I. Shadur, Senior United States District Judge for the Northern District of Illinois, sitting by designation.


MEMORANDUM

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


Petitioner Sunil Prakash seeks judicial review of a Board of Immigration Appeals' ("BIA") denial of his application for asylum. "To reverse [a] BIA finding [a reviewing court] must find that the evidence not only supports that conclusion, but compels it. . . ." INS v. Elias-Zacarias, 502 U.S. 478, 481 n. 1, 112 S.Ct. 812, 117 L.Ed.2d 38 (1992). Applying the standard from Elias-Zacarias, we are not compelled to find that the petitioner suffered past persecution or that he reasonably fears future persecution. The immigration judge's decision and the record demonstrate that the judge reviewed all the evidence and used the correct legal standard. Substantial evidence supports the findings that Prakash failed to demonstrate past persecution or a well-founded fear of future persecution.

PETITION DENIED.


Summaries of

Prakash v. Mukasey

United States Court of Appeals, Ninth Circuit
Jan 14, 2008
263 F. App'x 620 (9th Cir. 2008)
Case details for

Prakash v. Mukasey

Case Details

Full title:Sunil PRAKASH, Petitioner, v. Michael B. MUKASEY, Attorney General…

Court:United States Court of Appeals, Ninth Circuit

Date published: Jan 14, 2008

Citations

263 F. App'x 620 (9th Cir. 2008)