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103 F. App'x 302

Shawkat v. Ashcroft

U.S. Courts of Appeals

Decided July 19, 2004

U.S. Courts of Appeals · decided 2004-07-19

Applies 8 U.S.C. § 1105A (§ 106 of the Immigration and Nationality Act of 1952 (McCarran-Walter))

Relies on Kalaw v. Immigration & Naturalization Service · Prasad v. Immigration & Naturalization Service · Naseem Salman al-Harbi v. Immigration and Naturalization Service

Decided 2004-07-19

¶1MEMORANDUM …

¶2Sayeed Shawkat, a native and citizen of Bangladesh, petitions for review of the Board of Immigration Appeals’ summary affirmance of an immigration judge’s (“IJ”) denial of his applications for asylum and withholding of deportation. Because the transitional rules apply, Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997), we have jurisdiction under 8 U.S.C. § 1105a(a). We deny the petition for review.

¶3Substantial evidence supports the IJ’s finding that petitioner failed to establish past persecution based on the attack on his house. See Prasad v. INS, 47 F.3d 336, 339-40 (9th Cir.1995).

¶4Despite petitioner’s credible testimony, substantial evidence also supports the IJ’s finding that petitioner could not establish an objective fear of persecution because of the changed country conditions in Bangladesh. See Gonzalez-Hernandez v. Ashcroft, 336 F.3d 995, 1000 (9th Cir.2003).

¶5Because petitioner failed to establish eligibility for asylum, he necessarily failed to meet the more stringent standard for withholding of deportation. See Al-Harbi v. INS, 242 F.3d 882, 888-89 (9th Cir.2001).

¶6Pursuant to Elian v. Ashcroft, 370 F.3d 897 (9th Cir.2004) (order), petitioner’s vol*303untary departure period will begin to run upon issuance of this court’s mandate.

¶7PETITION FOR REVIEW DENIED.

¶8 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.

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