Singh v. Ashcroft
Opinion of the Court
SUMMARY ORDER
Gurmangat Singh, a citizen of India, petitions this Court for review of a March 5, 2003 order, with opinion, of the Board of Immigration Appeals (“BIA”), affirming the June 19, 2001 order of an Immigration Judge (“IJ”). The IJ rejected petitioner’s claims for asylum, withholding of removal, and relief under Article III of the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (“CAT”). Familiarity by the parties is assumed as to the facts, the procedural context, and the specification of issues.
‘We review the factual findings underlying the BIA’s determinations under the substantial evidence standard, reversing only if ‘no reasonable fact-finder could have failed to find’ that petitioner suffered past persecution or had a well-founded fear of future persecution or torture.” Ramsameachire v. Ashcroft, 357 F.3d 169, 177 (2d Cir. 2004) (quoting Diallo v. INS, 232 F.3d 279, 287 (2d Cir. 2000)); see also INS v. Elias-Zacarias, 502 U.S. 478, 481 n. 1, 112 S.Ct. 812, 117 L.Ed.2d 38 (1992). “Before an alien can seek judicial review of his removal decision, the INA [8 U.S.C. § 1252(d) ] requires that he exhaust all administrative remedies available to him,” and “a failure to exhaust them ‘constitutes a clear jurisdictional bar.’” Foster v. INS, 376 F.3d 75, 77 (2d Cir. 2004) (per curiam) (quoting United States v. Gonzalez-Roque, 301 F.3d 39, 47 (2d Cir. 2002)). Therefore, we only review petitioner’s alleged errors in the IJ’s opinion to the extent that petitioner preserved them by raising them before the BIA. Id.
Based on our review of the record, we conclude that substantial evidence supported the BIA’s denial of petitioner’s claims for asylum, withholding of removal, and CAT relief. An applicant is eligible for asylum only if he first establishes that
For the reasons set forth above, the petition for review is hereby DENIED.
Reference
- Full Case Name
- Gurmangat SINGH v. John ASHCROFT, Attorney General
- Status
- Published