Zgheib

Zgheib v. Holder

Good Law
316 F. App'x 617
United States Court of Appeals for the Ninth CircuitMarch 4, 2009No. 06-75635California355 words

Opinion

Lead Opinion

MEMORANDUM **

Tanios Assad Zgheib, a native and citizen of Lebanon, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence factual findings, Kotasz v. INS, 31 F.3d 847, 851 (9th Cir. 1994), and deny the petition for review.

The record does not compel the conclusion that extraordinary circumstances excused the untimely filing of Zgheib’s asylum application. See 8 C.F.R. § 1208.4 (a)(5); Husyev v. Mukasey, 528 F.3d 1172, 1181-82 (9th Cir.2008). Accordingly, Zgheib’s asylum claim fails.

Substantial evidence supports the agency’s denial of withholding of removal because Zgheib failed to show that the Syrian forces in Lebanon who detained and beat him, were motivated by a protected ground. See INS v. Elias-Zacañas, 502 U.S. 478, 483-84 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992) (holding that persecutors’ motivation may be established by direct or circumstantial evidence). Furthermore, even if the disfavored group…

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