Saint-Fort

Saint-Fort v. Mukasey

Good Law
305 F. App'x 364
United States Court of Appeals for the Ninth CircuitDecember 23, 2008No. 06-73645California683 words

Opinion

Lead Opinion

MEMORANDUM **

Petitioner David SainL-Fort seeks review of an order of the Board of Immigration Appeals (BIA) denying withholding of removal under the Immigration and Nationality Act (INA), 8 U.S.C. § 1281 (b)(3), and relief from removal under the Convention Against Torture (CAT). Petitioner contends that upon return to his native Haiti, he will be persecuted by the men who killed his uncle, and subjected to torture in Haitian prisons because of his status as a criminal deportee.

With regard to withholding of removal under the INA, substantial evidence supports the BIA’s finding that Petitioner failed to establish a likelihood of persecution in Haiti on one of the specified statutory grounds. See Al-Harbi v. INS, 242 F.3d 882, 888 (9th Cir.2001). The scant evidence does not compel the conclusion that the men who attacked his uncle are likely to persecute Petitioner in the future because of his own political opinion or one imputed to him. See Sangha v. INS, 103 F.3d 1482, 1488-90 (9th Cir.1997) (rejecting the imputed political opinion argument, despite a politically motivated attack on petitioner’s father, because there was no evidence that the attackers would attribute the…

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