Ahmed Barakat v. Eric Holder, Jr.

Good Law
490 F. App'x 73
United States Court of Appeals for the Ninth CircuitJanuary 4, 201310-72496California344 words

Opinion

Opinion

MEMORANDUM

Ahmed Zaky Hussein Barakat, a native and citizen of Egypt, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”), except as provided by 9th Cir. R. 36-3. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence factual findings and review de novo legal questions, Wakkary v. Holder; 558 F.3d 1049, 1056 (9th Cir.2009), and we deny the petition for review.

In concluding that Barakat failed to show he was targeted on account of a political opinion, the BIA found that Bara-kat was targeted because of personal vendetta not because “he opposed or exposed any government corruption.” (emphasis in the original). The record does not compel a contrary result. See Hasan v. Ashcroft, 380 F.3d 1114, 1120 (9th Cir.2004) (“ ‘[T]he salient question’ in determining whether the act of whistleblowing is political is whether it was ‘directed toward a governing institution, or only against individuals whose corruption was aberrational.’ ”); see also INS v. Elias-Zacarias,…

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