Kumar

Kumar v. Gonzales

Good Law
204 F. App'x 720
United States Court of Appeals for the Ninth CircuitJanuary 22, 2007No. 04-76574California302 words

Opinion

Lead Opinion

MEMORANDUM **

Praveen Kumar, a native and citizen of India, petitions pro se for review of an order of the Board of Immigration Appeals (“BIA”) affirming without opinion an immigration judge’s (“IJ”) order denying his applications for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We review for substantial evidence the IJ’s determination of eligibility for asylum. INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). We have jurisdietion under 8 U.S.C. § 1252 , and we deny the petition for review.

The IJ’s determination that Kumar has not established eligibility for asylum is supported by substantial evidence, in that Kumar did not show that he or his family were or would be targeted on account of a protected ground. See 8 U.S.C. § 1101 (a)(42)(A). Kumar testified that his father was assaulted and threatened because of his factual reporting on “criminal elements” in their village, and the record does not compel the conclusion that the assailants were motivated, even in part, by political or religious animosity. Cf. Zayas-Marini v. INS, 785 F.2d 801, 806 (9th Cir.1986) (finding no nexus to a protected…

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