Immigration – Asylum

Listen to this article

7^th Circuit Court of Appeals

Case Name: Miratbek Zhakypbaev v. Jefferson B. Sessions III

Case No.: 17-1459

Officials: WOOD, Chief Judge, and EASTERBROOK and ROVNER, Circuit Judges.

Focus: Immigration – Asylum

The petitioner Miratbek Zhakypbaev was a native and citizen of Kyrgyzstan, who was admitted to the United States in September 2012 as a nonimmigrant student to attend the Computer Systems Institute. His wife and three daughters were admitted in December 2012 based on his status. The petitioner did not attend the Computer Systems Institute after February 4, 2013, and in April 2013, filed applications for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). The petitioner’s claims were premised on the events surrounding the ouster of Kyrgyz president Kurmanbek Bakiev in Kyrgyzstan in April 2010. The petitioner claimed that based on his connections with the Bakiev family and with the political party associated with Bakiev, he was persecuted during that time. He argued that he was eligible for asylum and withholding of removal because he was a victim of past persecution and had a well‐founded fear of future persecution in Kyrgyzstan on account of his political opinion and his membership in a particular social group—that of persons associated with the Bakiev family. In addition, he claimed that he was entitled to protection under CAT.

There is insufficient evidence in the record to compel the conclusion that the questioning was for a motive other than the desire to pursue valid criminal cases. In fact, although he maintains that the interrogators wanted him to file a false statement, he concedes that he does not actually know the content that they sought from him because it never got to that point. Finally, the evidence indicated that the political party which the petitioner claims to support, Ata‐Zhurt, won the majority of the votes in the October 2010 election. Given all of those facts, the IJ and the Board did not err in determining that the petitioner failed to demonstrate a well‐founded fear of future persecution.

Finally, the IJ and Board did not err in determining that the petitioner was not entitled to withholding of removal or to protection under the CAT. Where, as here, a petitioner cannot demonstrate entitlement to asylum, he “necessarily cannot satisfy the more stringent requirement for withholding of removal under 8 U.S.C. § 1231(b)(3).” Bueso‐Avila, 663 F.3d at 937, quoting Ahmed v. Ashcroft, 348 F.3d 611, 615 (7th Cir. 2003).

Regarding the CAT claim, the petitioner presents on appeal only the bare assertion that the Board erred in finding there was no substantial grounds for believing that he would be in danger of torture, but has failed to provide any argument as to why that determination was erroneous. The record on its face supports the determination of the IJ and Board. The petition for review is therefore denied.

Denied

Full Text

Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.