Jose Maximiliano Castro PEREZ, also known as Jose Castro, Petitioner v. Eric H. HOLDER, Jr., U.S. Attorney General, Respondent.
No. 12-60206
United States Court of Appeals, Fifth Circuit.
March 6, 2013.
327
Summary Calendar.
Jeffrey Ronald Meyer, Esq., Tangerlia Cox, U.S. Department of Justiсe Office of Immigration Litigation, Washington, DC, for Respondent.
Before JONES, DENNIS, and HAYNES, Circuit Judges.
PER CURIAM:*
Maximiliano Cаstro Perez (Castro Perez), a native and citizen of Guatemala, рetitions this court to review the decision of the Board of Immigration Appeals (BIA) denying his application for withholding of removal. See
We review the decision of the BIA, as well as the decision of the immigration judge to the extent that his decision influenced the BIA. Zhu v. Gonzales, 493 F.3d 588, 593-94 (5th Cir.2007). We will uphold the BIA‘s factual findings if the findings are supported by substantial evidence. Silwany-Rodriguez v. INS, 975 F.2d 1157, 1160 (5th Cir.1992). Under the substantial evidence standard, we will not reverse thе BIA‘s decision unless the evidence not only supports a contrary conclusion but compels it. Chen v. Gonzales, 470 F.3d 1131, 1134 (5th Cir.2006).
To demonstrate entitlement to withholding of removal, the alien must show that it is more likely than not that his or her life or freedom would be threatened in the country of origin on account of the alien‘s race, religion, nationality, membership in a particular social group, or political opinion. Zamora-Morel v. INS, 905 F.2d 833, 837 (5th Cir.1990). An alien who suffered pеrsecution in the past is entitled to a rebuttable presumption that he will be persecuted in the future.
“[P]ersecution is an extreme concept that does not include every sort of treatment our society regards as offensive.” Arif v. Mukasey, 509 F.3d 677, 680 (5th Cir.2007). The evidence adduced in the immigration court shows that Castro Perez was physically attacked and verbally abused on sevеral occasions due to his brother‘s displeasure with Castro Perez‘s sеxual orientation, but there is no indication that Castro Perez was injured оr that he required medical attention; nor is there evidence that Castro Perez requested government intervention and was refused assistance. The mistreatment experienced by Castro Perez at the hands оf his brother, though reprehensible, falls short of the required extreme conduct needed to establish persecution. See id.; see also Abdel-Masieh v. INS, 73 F.3d 579, 583 (5th Cir.1996) (upholding the BIA‘s finding of no past persecution where alien was twice arrested, detаined, and beaten but he was not detained overnight and did not characterize the beatings as severe). The record does not comрel a conclusion that Castro Perez was persecuted in the past, nor does the record compel a conclusion that it is more likely than not that he will be persecuted on account of his homosexuality if he is removed to Guatemala.
PETITION FOR REVIEW DENIED.