Kulbhushan Kumar v. Eric Holder, Jr.
Opinion
Opinion
MEMORANDUM
Kulbhushan Kumar, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal of the immigration judge’s decision denying his application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings. Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006). We deny the petition for review.
The BIA found Kumar failed to establish the Indian government was unable or unwilling to control the Sikh terrorists he feared, or that the government would be unable or unwilling to protect him in the future. Substantial evidence supports the agency’s finding. See Castro-Martinez v. Holder, 674 F.3d 1073, 1080-82 (9th Cir.2011) (substantial evidence supported BIA conclusion that petitioner did not meet his burden to show government was unable or unwilling to control attackers); see also Nahrvani v. Gonzales, 399 F.3d 1148, 1154 (9th Cir.2005) (record did not compel conclusion that the government was unable or unwilling to control the perpetrators of the harm). Thus, Kumar’s asylum claim fails.