Asmat
Asmat v. Gonzales
Opinion
Lead Opinion
MEMORANDUM *
Petitioner Nasar Asmat (“Asmat”) petitions for review of a Board of Immigration Appeals’ (“BIA”) order of removal. The BIA held that Asmat was ineligible for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”).
*385 Asmat, a native and citizen of Afghanistan, came to the United States in June of 2001 and claimed past persecution by the Taliban based on the Taliban’s conscription of his brother, attempted conscription of Asmat, and imprisonment of Asmat’s father. Asmat also claimed a well-founded fear of future persecution by both the Taliban and the Northern Alliance, a group that allegedly took over Afghanistan after the Taliban were ousted in November 2001. The BIA affirmed the IJ’s ruling that Asmat had not presented a claim of past persecution or a well-founded fear of future persecution, and that even if Asmat had done so, changed country conditions, namely the ousting of the Taliban, mooted Asmat’s claim. The BIA also denied As-mat’s claim for withholding of removal and relief under CAT.
Asmat petitions for review. Asmat argues that his application for relief should have been granted. In the alternative, Asmat has filed a…