Abdulkader-Fares

MEMORANDUM ***

Nabil Abdulkader-Fares, a native and citizen of Lebanon, petitions for review of the Board of Immigration Appeals (“BIA”) order affirming the Immigration Judge’s (“IJ”) denial of his application for withholding of removal and relief under the Convention Against Torture. Abdulkader-Fares acknowledged at oral argument that he does not seek review of the IJ’s finding that no changed or extraordinary circumstances excuse the untimely filing of his asylum application.

To qualify for withholding of removal, Abdulkader-Fares must show that if removed to Lebanon, it is more likely than not that his life or freedom would be threatened on account of a statutorily-protected ground. Al-Harbi v. INS, 242 F.3d 882, 888 (9th Cir.2001). Past persecution generates a presumption of eligibility for withholding of removal. See Baballah v. Ashcroft, 367 F.3d 1067, 1079 (9th Cir.2004).

The record reflects that AbdulkaderFares was mistreated by Syrian soldiers at checkpoints in Lebanon seven or eight times from the late 1970’s through 2000. On one occasion, a soldier hit AbdulkaderFares in the chest with a rifle butt. Substantial evidence supports the IJ’s determination that this…