Zein v. Holder ( 2010 )

FILED
NOT FOR PUBLICATION OCT 25 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
IMAD FOUAD ZEIN, No. 07-75036
Petitioner, Agency No. A077-302-547
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 19, 2010 **
Before: O’SCANNLAIN, TALLMAN, and BEA, Circuit Judges.
Imad Fouad Zein, a native and citizen of Lebanon, petitions for review of the
Board of Immigration Appeals’ order dismissing his appeal from an immigration
judge’s decision denying his application for withholding of removal. We have
jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence, Zehatye v.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Gonzales, 453 F.3d 1182, 1184-85 (9th Cir. 2006), and deny the petition for
review.
Substantial evidence supports the agency’s finding that Zein failed to
demonstrate that either the threatening phone calls he received from Hezbollah or
the attempted kidnaping of his son were on account of a protected ground. See INS
v. Elias-Zacarias, 502 U.S. 478, 481-82 (1992); Tecun-Florian v. INS, 207 F.3d
1107, 1109 (9th Cir. 2000). The record also does not compel the conclusion that
the harassment Zein experienced by guards at checkpoints amounted to persecution
or demonstrated a clear probability of persecution. See Khourassany v. INS, 208
F.3d 1096, 1100-01 (9th Cir. 2000); Nagoulko v. INS, 333 F.3d 1012, 1016-17 (9th
Cir. 2003). Accordingly, Zein’s withholding of removal claim fails. See 8 U.S.C.
§ 1231(b)(3).
PETITION FOR REVIEW DENIED.
2 07-75036