Kumar

Kumar v. Holder

Good Law
338 F. App'x 566
United States Court of Appeals for the Ninth CircuitJune 16, 2009No. 07-73509California762 words

Opinion

Lead Opinion

MEMORANDUM **

Manoj Kumar petitions for review of the Board of Immigration Appeals’ (“BIA”) decision finding Kumar ineligible for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We deny the petition.

We review the BIA’s legal determinations de novo and its factual findings for substantial evidence. Morgan v. Mukasey, 529 F.3d 1202, 1206 (9th Cir.2008) (citing 8 U.S.C. § 1252 (b)(4)(B)).

An alien may not apply for asylum if he has been convicted of “a particularly serious crime,” which includes an aggravated felony. 8 U.S.C. §§ 1158 (b)(2)(A)(ii) & (B)(i); Rendon v. Mukasey, 520 F.3d 967, 973 (9th Cir.2008). Because we conclude that substantial evidence supports the BIA’s finding that Kumar was convicted of two aggravated felonies, he is ineligible for asylum.

An alien seeking withholding of removal must show a dear probability of “persecution on account of race, religion, nationality, membership in a particular social group, or political opinion,” upon removal to his home country. Santos-Lemus v. Mukasey, 542 F.3d 738, 742 (9th Cir.2008) (quoting 8 U.S.C. § 1101 (a)(42)(a); citing 8 U.S.C. § 1231 (b)(3)).

The evidence presented by…

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