109 F. App'x 878

Manuel MARQUES-DA SILVA, Petitioner, v. John ASHCROFT, Attorney General, Respondent.

No. 02-72275.

Agency No. [ AXX-XXX-XXX ].

United States Court of Appeals, Ninth Circuit.

Submitted Sept. 17, 2004.*

Decided Sept. 21, 2004.

Joseph L. Feldun, Korenberg, Abramowitz & Feldun, Sherman Oaks, CA, for Petitioner.

Regional Counsel, Laguna Niguel, CA, Ronald E. LeFevre, Chief Legal- Officer, San Francisco, CA, Nelda C. Reyna, Ernesto H. Molina, Jr., Washington, DC, for Respondent.

Before T.G. NELSON, SILVERMAN, and WARDLAW, Circuit Judges.

MEMORANDUM**

Manuel Marques-DaSilva petitions for review of the Board of Immigration Ap*879peals’ (“BIA’s”) streamlined affirmance of the Immigration Judge’s (“IJ’s”) decision. The IJ denied Marques-DaSilva’s requests for asylum and withholding of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 and we deny the petition.

Substantial evidence1 supports the IJ’s conclusion that Marques-DaSilva failed to establish his eligibility for asylum. The kind of harassment and discrimination he detailed does not rise to the level of persecution.2 Moreover, he never argued that the government was unable or unwilling to control his alleged persecutors.3

Substantial evidence supports the IJ’s determination that Marques-DaSilva failed to satisfy the objective requirement necessary to prove that he had a well-founded fear of future persecution.4 Marques-DaSilva failed to demonstrate “good reason to fear future persecution by adducing credible, direct, and specific evidence in the record of facts that would support a reasonable fear of persecution.”5 He merely asserted that harassment and discrimination would resume upon his return. As discussed above, the harassment and dis^ crimination he detailed does not constitute persecution. Neither would it constitute persecution were he to return.6

Because Marques-DaSilva has failed to meet the eligibility requirements for asylum he has also failed to meet the more stringent standards for mandatory withholding.7

Accordingly, we deny the petition.

PETITION DENIED.

Marques-Da Silva v. Ashcroft
109 F. App'x 878

Case Details

Name
Marques-Da Silva v. Ashcroft
Decision Date
Sep 21, 2004
Citations

109 F. App'x 878

Jurisdiction
United States

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