Madhani v. Gonzales
Madhani v. Gonzales
Opinion of the Court
SUMMARY ORDER
Jamal Madhani, his wife Sushma Madhani, and their daughter Nikita Madhani, all Indian citizens, petition for review of (1) the January 2, 2004 BIA decision affirming Immigration Judge (“IJ”) Michael Rocco’s denial of the Madhanis’ applications for withholding of removal,
1. The Withholding of Removal Claim
Where, as here, the BIA summarily affirms the IJ’s decision without opinion, we review the IJ’s decision directly. See Twum v. INS, 411 F.3d 54, 58 (2d Cir. 2005). We review the IJ’s factual determinations for substantial evidence, see Zhou Yun Zhang v. United States INS, 386 F.3d 66, 73 (2d Cir. 2004); 8 U.S.C. § 1252(b)(4)(B), and his legal determinations de novo, see Islami v. Gonzales, 412 F.3d 391, 396 (2d Cir. 2005).
To qualify for withholding of removal, an applicant must show that it is more likely than not that his or her “life or freedom would be threatened in the proposed country of removal on account of race, religion, nationality, membership in a particular social group, or political opinion.” 8 C.F.R. § 208.16(b); see also 8 U.S.C. § 1231(b)(3)(A); Ramsameachire v. Ashcroft, 357 F.3d 169, 178 (2d Cir. 2004). Alternatively, if the applicant can demonstrate past persecution on one of the above statutory grounds, then eligibility for withholding of removal is presumed, subject to rebuttal. See 8 C.F.R. § 208.16(b)(1); Secaida-Rosales v. INS, 331 F.3d 297, 306 (2d Cir. 2003).
In this case, the IJ concluded that petitioners had not carried this burden because they established only a personal familial dispute that did not, in fact,
2. Motion to Reopen
We review the BIA’s denial of a motion to reopen for abuse of discretion, which may be found where the BIA’s decision “provides no rational explanation, inexplicably departs from established policies, is devoid of any reasoning, or contains only summary or conclusory statements; that is to say, where the Board has acted in an arbitrary or capricious manner.” Kaur v. BIA, 413 F.3d 232, 233 (2d Cir. 2005) (per curiam). That is not this case. The BIA based its denial of the motion to reopen on the same reasoning specified by the IJ, finding that the Madhanis’ alleged persecution was a “purely personal matter[ ],” a conclusion supported by the record. Further, the BIA did not abuse its discretion in concluding that, because petitioners’ claims were insufficient to qualify for withholding of removal, they necessarily could not show prejudice from alleged attorney misconduct. See Esposito v. INS, 987 F.2d 108, 111 (2d Cir. 1993) (per curiam).
For the foregoing reasons, the petition for review is DENIED.
. Because the Madhanis failed to pursue their CAT claims before this court, we deem those claims waived and will not address them in this order. See Yueqing Zhang v. Gonzales, 426 F.3d 540, 541 n. 1 (2d Cir. 2005).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.