Nasybulin

Nasybulin v. Gonzales

Good Law
137 F. App'x 991
United States Court of Appeals for the Ninth CircuitJuly 1, 2005No. 03-72504; Agency No. A73-428-382California397 words

Opinion

Lead Opinion

MEMORANDUM **

Marat Nasybulin, a citizen of Uzbekistan and ethnic Tatar, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision affirming the immigration judge’s (“IJ”) denial of his applications for political asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). Before leaving Uzbekistan in 1996, Nasybulin took part in various activities seeking rights for the Tatar minority there. The IJ held that Nasybulin did not establish either past persecution nor a well-founded fear of future persecution, and denied his applications. The BIA affirmed.

The Attorney General has discretion to grant an alien asylum if he is unable or unwilling to return to his 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.” 8 U.S.C. § 1101 (a)(42); 8 U.S.C. § 1158 (a) and (b)(1). Nasybulin claims that he was subjected to hostility due to his Tatar ethnicity on numerous occasions, but did not suffer any acts of physical violence and was never detained or arrested. His allegations do not compel the conclusion that he suffered…

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