Samsu Chowdhury v. Eric Holder, Jr.

U.S. Court of Appeals for the Ninth Circuit
Samsu Chowdhury v. Eric Holder, Jr., 548 F. App'x 424 (9th Cir. 2013)

Samsu Chowdhury v. Eric Holder, Jr.

Opinion

MEMORANDUM **

Samsu Miah Chowdhury, a native and citizen of Bangladesh, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the agency’s factual findings, Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir. 2006), and we deny the petition for review.

A local landlord threatened Chowdhury, beat his son, and farmed a portion of Chowdhury’s lands without paying rent. Substantial evidence supports the BIA’s determination that the landlord was motivated by his desire to obtain Chowdhury’s land, rather than by Chowdhury’s political opinion or membership in a social group consisting of his family. See Sangha v. INS, 103 F.3d 1482, 1490-91 (9th Cir. 1997) (petitioner failed to show by direct or circumstantial evidence that persecution occurred “on account of’ political beliefs). In the absence of a nexus to a protected ground, Chowdhury’s asylum and withholding of removal claims fail. See Dinu v. Ashcroft, 372 F.3d 1041, 1045 (9th Cir. 2004).

Substantial evidence also supports the BIA’s denial of CAT relief because Chow-dhury failed to show it is more likely than not he will be tortured if returned to Bangladesh. See Silaya v. Mukasey, 524 F.3d 1066, 1073 (9th Cir. 2008).

PETITION FOR REVIEW DENIED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Reference

Full Case Name
Samsu Miah CHOWDHURY, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent
Status
Unpublished