Kumar

Kumar v. Mukasey

Good Law
304 F. App'x 549
United States Court of Appeals for the Ninth CircuitDecember 22, 2008No. 99-70471California416 words

Opinion

lead Opinion

MEMORANDUM *

Vinod Kumar, a native and citizen of India, petitions for review of an order of the Board of Immigration Appeals (BIA) affirming the Immigration Judge’s (IJ) denial of his request for (1) asylum and (2) withholding of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 . Reviewing for substantial evidence, we deny the petition for review. See Zhou v. Gonzales, 437 F.3d 860, 864 (9th Cir.2006) (citations omitted).

*551 The Attorney General has the discretion to grant asylum to refugees. 8 U.S.C. § 1158 (a). A refugee must establish that he is unable 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)(A).

Kumar failed to establish a nexus between the two gunmen’s actions in aid of extorting funds and his or his parents’ religious beliefs or political opinions. Therefore, the gunmen’s actions cannot amount to persecution on account of a statutory reason. See Gormley v. Ashcroft, 364 F.3d 1172, 1177 (9th Cir.2004) (“Random, isolated criminal acts perpetrated by anonymous thieves do not establish…

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