Tawil v. Holder , 388 F. App'x 593 ( 2010 )

FILED
NOT FOR PUBLICATION JUL 19 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ALLA TAWIL, No. 06-70652
Petitioner, Agency No. A078-751-221
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 29, 2010 **
Before: ALARCÓN, LEAVY, and GRABER, Circuit Judges.
Alla Tawil, a native and citizen of Syria, petitions for review of a Board of
Immigration Appeals (“BIA”) order dismissing his appeal from an immigration
judge’s (“IJ”) decision denying his application for asylum. We have jurisdiction
*
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).
JT/Research
under 8 U.S.C. § 1252. We review for substantial evidence factual findings,
Santos-Lemus v. Mukasey, 542 F.3d 738, 742 (9th Cir. 2008), and review de novo
due process claims, Ram v. INS, 243 F.3d 510, 516 (9th Cir. 2001). We deny the
petition for review.
Substantial evidence supports the BIA’s determination that the harm Tawil
suffered did not constitute persecution. See Padash v. INS, 358 F.3d 1161, 1165-
66 (9th Cir. 2004); see also Prasad v. INS, 47 F.3d 336, 339-40 (9th Cir. 1995)
(minor abuse of Indo-Fijian during 4-6 hour detention did not compel finding of
past persecution). Substantial evidence also supports the BIA’s determination that
Tawil failed to establish past persecution or a well-founded fear of future
persecution because he did not demonstrate the Syrian government was unable or
unwilling to control the individuals who harmed him. See Castro-Perez v.
Gonzales, 409 F.3d 1069, 1072 (9th Cir. 2005). Accordingly, his asylum claim
fails.
PETITION FOR REVIEW DENIED.
JT/Research 2 06-70652