Kumar

Kumar v. Holder

Good Law
324 F. App'x 606
United States Court of Appeals for the Ninth CircuitApril 27, 2009No. 05-73301California353 words

Opinion

Lead Opinion

MEMORANDUM **

Rajesh Kumar, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) orders denying his request for humanitarian asylum, and dismissing his appeal from an immigration judge’s decision denying his application for withholding of removal and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for abuse of discretion the BIA’s denial of humanitarian asylum, Belayneh v. INS, 213 F.3d 488, 491 (9th Cir.2000), for substantial evidence the BIA’s factual findings, Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006), and de novo questions of law, Vasquez-Zavala v. Ashcroft, 324 F.3d 1105, 1107 (9th Cir.2003). We deny the petition for review.

The BIA did not abuse its discretion in denying humanitarian asylum because Kumar failed to show he suffered sufficiently severe past persecution. See Marcu v. INS, 147 F.3d 1078, 1082-83 (9th Cir.1998) (BIA did not abuse its discretion in denying humanitarian asylum where its opinion “demonstrates that it heard the claim, considered the evidence, and decided against [the petitioner].”) (alteration added).

We reject Kumar’s claim…

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