Immigration; Asylum; Kuwait
Where Iraq no longer controls Iraq, a Kuwaiti citizen’s claim for asylum based on persecution from the Iraqis must be denied.
“Almutairi argues at length that the four threatening phone calls he received over 20 years ago from an unidentified caller qualify as persecution, and he also challenges the IJ’s determination that he failed to establish a cognizable social group. Even if he is correct on those points, however, he cannot succeed. That is because Almutairi does not seriously challenge one of the main bases for the Board’s rejection of his withholding petition: his failure to show that he would now be persecuted by the Kuwaiti government or by a group that the government was unable or unwilling to control. See Jonaitiene, 660 F.3d at 270-71 (explaining that, for purposes of refugee status, persecution ‘does not encompass purely private actions’). Almutairi gave the IJ no reason to attribute the calls to the Kuwaiti government, and because he never mentioned the threatening calls to anyone in the Kuwaiti police or military, he could only speculate that the Kuwaiti government might not protect him if he did seek its help. Because he does not even address this issue on appeal, he has fallen far short of showing that the evidence compels a different result.
See Liu, 692 F.3d at 852. Under the circumstances, despite the horrific treatment that Almutairi endured, the Board’s conclusion that he is not entitled to withholding of removal cannot be disturbed.”
12-2734 Almutairi v. Holder
On Petition for Review from an Order of the Board of Immigration Appeals, Wood, J.