Ninth Circuit: Sharma v. Garland

 

As there was only one session of physical beatings, the single detention was only 18-19 hours, the threats were relatively few, and the instruction by the local police to his customers that they shouldn't repay their loans was offset by the fact that the petitioner wasn't killed and was free to seek other employment, there was substantial evidence for the Bureau's determination that past persecution was not proved.

Similarly, the Bureau's determination of insufficient evidence to show a reasonable fear of future persecution is supported by the decades since petitioner left the country, his family's continued residence there, and petitioner's past international travel after which he was able safely to return to his home country.

The determination that past harms didn't rise to the level of persecution necessarily entails the premise that the past harms didn't amount to torture.


https://cdn.ca9.uscourts.gov/datastore/opinions/2021/08/17/20-70238.pdf