Alla Tawil v. ERIC H. HOLDER, Jr., Attorney General

06-70652Court of Appeals for the Ninth Circuit19.07.2010

Gesamter Gesetzestext

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
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ALLA TAWIL,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 06-70652
Agency No. A078-751-221
MEMORANDUM*
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
FILED
JUL 19 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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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.

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