Bhaila

Bhaila v. Ashcroft

Good Law
109 F. App'x 881
United States Court of Appeals for the Ninth CircuitSeptember 22, 2004No. 02-73928; Agency No. A70-193-481California350 words

Opinion

Lead Opinion

MEMORANDUM **

Khalid Bhaila, a native and citizen of Sri Lanka, petitions pro se for review of the Board of Immigration Appeals’ summary affirmance of the immigration judge’s (“IJ”) denial of his application for asylum and withholding of deportation. Because the transitional rules apply, see Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997), we have jurisdiction under 8 U.S.C. § 1105a(a). We review for substantial evidence, Lata v. INS, 204 F.3d 1241, 1244 (9th Cir.2000), and we deny the petition.

Because the IJ failed to make an explicit adverse credibility finding, we presume Bhaila’s testimony to be true. See Hartooni v. INS, 21 F.3d 336, 342 (9th Cir.1994).

Bhaila contends that he was persecuted on account of an imputed political opinion because of his popularity as a magician, performing for a variety of political and religious groups. He testified that many opposing groups, whom he could not name, would threaten him and demand that he not perform for certain groups.

The IJ determined that Bhaila failed to show that he was persecuted “on account of’ one of the protected grounds. We agree. See Sangha v. INS, 103 F.3d 1482, 1489 (9th Cir.1997) (“To establish an imputed…

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