Shah v. Gonzales
Shah v. Gonzales
Opinion of the Court
MEMORANDUM
Saiyad Saheed Shah, a native and citizen of Fiji, petitions for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance without opinion of an immigration judge’s denial of his application for asylum and withholding of deportation. We have jurisdiction under former 8 U.S.C. § 1105a(a). See Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir. 1997). We review for substantial evidence, Melkonian v. Ashcroft, 320 F.3d 1061, 1065 (9th Cir. 2003), and deny the petition for review.
Substantial evidence supports the IJ’s finding that Shah failed to establish past persecution or a well-founded fear of future persecution. Shah’s six hour detention, during which he was beaten, was
By failing to demonstrate eligibility for asylum, Shah failed to satisfy the more stringent standard for withholding of deportation. See de Leon-Barrios v. INS, 116 F.3d 391, 394 (9th Cir. 1997).
Pursuant to Elian v. Ashcroft, 370 F.3d 897 (9th Cir. 2004), petitioner’s voluntary departure period will begin to run upon issuance of this court’s mandate.
PETITION FOR REVIEW DENIED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.