Abauaelian

Abauaelian v. Gonzales

Good Law
132 F. App'x 121
United States Court of Appeals for the Ninth CircuitMay 12, 2005No. 03-72106California385 words

Opinion

Lead Opinion

MEMORANDUM **

Yasser Ibrahim Mohamed Abauaelian petitions for review of an order of the Board of Immigration Appeals denying his motion to reopen and dismissing his appeal from the Immigration Judge’s (IJ) denial of his applications for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 (a)(1), and we deny the petition.

Because the parties are familiar with the facts, we refer to them only as necessary for this decision.

Abauaelian claims his status as a stateless Palestinian amounts to and is the equivalent of persecution.

Statelessness alone does not warrant a grant of asylum; the INA explicitly contemplates asylum applicants with “no nationality.” 8 U.S.C. 1101(a)(42)(A). Such applicants are evaluated by referring to their country of last habitual residence. Id. The applicant must demonstrate he is “unable or unwilling to return to ... that country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.” Id.

Abauaelian asserts he is stateless, but he has failed to establish that he suffered past persecution or that he has a…

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