Kumar

Kumar v. Immigration & Naturalization Service

Good Law
15 F. App'x 466
United States Court of Appeals for the Ninth CircuitJuly 23, 2001No. 00-71060; INS No. A71-951-127California333 words

Opinion

Lead Opinion

MEMORANDUM **

Param Kumar, a native and citizen of India, petitions pro se for review of the final decision of the Board of Immigration Appeals (“BIA”) sustaining the Immigration and Naturalization Service’s appeal of an immigration judge’s decision to grant Kumar’s application for asylum and withholding of deportation. Pursuant to the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRIRA”), the transitional rules apply, see Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997), and we therefore have jurisdiction under 8 U.S.C. § 1105a(a), as amended by IIRIRA § 309(c), see Avetova-Elisseva v. INS, 213 F.3d 1192 , 1195 n. 4 (9th Cir.2000). We review de novo the BIA’s legal conclusion that Kumar was not persecuted on account of his membership in a “particular social group,” see Hernandez-Montiel v. INS, 225 F.3d 1084, 1090-91 (9th Cir.2000), and we deny the petition for review.

Kumar contends that the BIA erred in concluding that he did not belong to a particular social group for purposes of eligibility for asylum and withholding of deportation. We disagree because Kumar did not show that there existed common characteristics among members of his purported social…

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