Rachdi

Rachdi v. Immigration & Naturalization Service

Good Law
15 F. App'x 524
United States Court of Appeals for the Ninth CircuitAugust 1, 2001No. 99-71234; I & NS No. A76 665 761California1,092 words

Opinion

Lead Opinion

*526 MEMORANDUM

Petitioner Chaban Rachdi (“Rachdi”), a native and citizen of Algeria, petitions for review of the decision of the Board of Immigration Appeals (“BIA”) affirming an Immigration Judge’s (“IJ”) order denying his request for withholding of removal. Rachdi contends that the BIA erred in finding that (1) he did not prove that he will more likely than not face persecution because of his political opinion if he returns to Algeria; (2) the IJ’s conduct of the removal proceedings did not deny him of his right to due process; and (3) the IJ had no duty to consider his claim under the Convention Against Torture (“Convention”). We find the first two contentions meritless, but find error in the BIA’s determination as to Rachdi’s Convention claim.

Substantial evidence supports the BIA’s conclusion that Rachdi’s fears of persecution are based on “general allegations of political upheaval” rather than on evidence of specific events. An applicant for withholding of removal must establish that persecution because of a statutorily-protected ground “is more likely than not” to occur. 8 C.F.R. § 208.16 (b)(1); Korablina v. INS, 158 F.3d 1038, 1045-46 (9th Cir.1998). Specifically, to…

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