Mohamed Sahib v. Eric Holder, Jr.

MEMORANDUM

Mohamed Sajeer Meeran Sahib, a native and citizen of Sri Lanka, petitions for review of a decision of the Board of Immigration Appeals (“BIA”) affirming an immigration judge’s denial of his applications for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”).

Substantial evidence supports the BIA’s conclusion that Sahib was ineligible for asylum and withholding of removal because he engaged in the persecution of others when he assisted the Sri Lankan army by providing translation services. An alien seeking asylum bears the burden of establishing that he is a “refugee” under the Immigration and Nationality Act (“INA”). INA § 208(b)(l)(B)(i), 8 U.S.C. § 1158 (b)(l)(B)(i). By statute, the definition of refugee excludes “any person who ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion.” INA § 101(a)(42), 8 U.S.C. § 1101 (a)(42). The same persecutor bar also applies to aliens seeking withholding of removal. INA 241(b)(3)(B)(i), 8 U.S.C. § 1231 (b)(3)(B)(i). Substantial evidence in the record…