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09-3033 Vahora v. Holder

Immigration
Asylum; past persecution

Witnessing acts of violence against others does not constitute persecution to support a claim for asylum.

“We have no intention to minimize a child’s witnessing of a stabbing and other acts of violence committed against members of his own minority religious group. Nevertheless, under our precedent, the Board’s conclusion that the harms Mr. Vahora personally suffered do not rise to the level of persecution is supported by substantial evidence. Mr. Vahora has not presented us with any factually analogous cases in which the petitioners were found to have suffered past persecution. Moreover, in circumstances similar to Mr. Vahora’s, we have rejected such a claim. See, e.g., Ingmantoro v. Mukasey, 550 F.3d 646, 649-50 (7th Cir. 2008) (rejecting claim by an ethnic Chinese Christian living in Indonesia as not demonstrating past persecution where petitioner’s father’s store was burned by native Indonesian Muslim men looking for the petitioner, resulting in only bruises obtained while she ran from the scene); see also Bhatt v. Reno, 172 F.3d 978, 981-82 (7th Cir. 1999) (denying petition of Indian citizen after noting that he was beaten several times, had protestors in front of his store and received threats from individuals belonging to radical Hindu groups in retaliation for assistance he had provided to Muslims).”

Petition Denied.

09-3033 Vahora v. Holder

Petition for Review of an Order of the Board of Immigration Appeals, Ripple, J.

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