Ahmed

Ahmed v. Gonzales

Good Law
221 F. App'x 595
United States Court of Appeals for the Ninth CircuitFebruary 23, 2007No. 03-74603California516 words

Opinion

Lead Opinion

MEMORANDUM ***

Mohiuddin A.K.M. Ahmed petitions for review of a Board of Immigration Appeals’ (BIA) order dismissing his appeal from an immigration judge’s (IJ) order denying asylum, withholding of removal, and protection under the Convention Against Torture (CAT). We have jurisdiction pursuant to 8 U.S.C. § 1252 and we deny the petition.

*596 Ahmed is ineligible for asylum and withholding of removal for two reasons: (1) because he engaged in terrorist activity, 2 and (2) because he assisted or otherwise participated in the persecution of others on account of their political opinion. 3 Even his own account of his actions established that he assisted or otherwise participated in the persecution of persons on account of their political opinion.

Ahmed failed to prove by a preponderance of the evidence that his in absentia murder trial and conviction in Bangladesh was fundamentally unfair and thus deprived him of due process of law. 5 Therefore, the IJ properly relied on the conviction.

Substantial evidence supported the IJ’s and BIA’s denial of protection under the CAT. 6 Ahmed did not present evidence so compelling that no reasonable factfinder could find that he would not…

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