Bipu
Bipu v. Gonzales
Opinion
Lead Opinion
MEMORANDUM ****
Sazzad Ahmed Bipu and his wife, Farha-na Ahmed, are natives and citizens of Bangladesh. Their son, Suhaimi Jubair Ahmed, is a native and citizen of Malaysia. Bipu and his family as co-petitioners appeal the denial of their petition for asylum, withholding of deportation, and protection under the United Nations Convention Against Torture (“CAT”). We deny their petition.
“In order to establish deportability under Section 1251(a)(19), the individual must be found to have participated or assisted the organization in persecutorial acts.” Laipenieks v. INS, 750 F.2d 1427, 1435 (9th Cir.1985) (emphasis omitted). The government must also prove by clear and convincing evidence that the individual persecuted others, or at least that his acts led to the persecution of others, because of political belief. Id. There is substantial evidence to support the Immigration Judge’s (“U”) determination that Bipu had persecuted others. Significantly, Bipu himself admitted that he engaged in the persecution of villagers on at least one occasion. Bipu testified that as a second lieutenant in the Bangladeshi Army, assigned to a rural area in Bangladesh, he and his troops were ordered to…