Kumar

Kumar v. Gonzales

Good Law
195 F. App'x 698
United States Court of Appeals for the Ninth CircuitAugust 2, 2006No. 05-72989California485 words

Opinion

Lead Opinion

MEMORANDUM **

Rakesh Kumar and Ranjila Devi (collectively, petitioners), natives and citizens of Fiji, petition for review of the denial of their application for asylum, withholding of removal and protection under the Convention Against Torture by the Board of Immigration Appeals (“BIA”). 1 We have jurisdiction pursuant to 8 U.S.C. § 1252 , and we deny the petition.

The BIA adopted and affirmed the findings of the Immigration Judge (“IJ”) without independent analysis. We review the IJ’s decision as if it were that of the BIA for substantial evidence and will reverse only if the record compels a contrary conclusion. Ge v. Ashcroft, 367 F.3d 1121, 1124 (9th Cir.2004).

The IJ found petitioners failed to establish either past persecution or a well-founded fear of persecution on account of a protected ground (race, religion and political opinion). See 8 U.S.C. § 1158 (a) (granting Attorney General discretion to grant asylum status to alien refugees); 8 U.S.C. § 1101 (a)(42)(A) (defining “refugee” as an alien who is unable or unwilling to return to his or her country of origin “because of persecution or a well-founded fear of persecution on account of race, religion, nationality,…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.