Tawil v. Holder

FILED NOT FOR PUBLICATION JUL 19 2010 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT ALLA TAWIL, No. 06-70652 Petitioner, Agency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