Rahul Chaudhari Kumar v. Jefferson Sessions III


NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed. R. App. P. 32.1 United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604 Submitted October 3, 2018* Decided October 31, 2018 Before DANIEL A. MANION, Circuit Judge DAVID F. HAMILTON, Circuit Judge MICHAEL B. BRENNAN, Circuit Judge No. 17-3482 RAHUL CHAUDHARI KUMAR, Petition for Review of an Order of the Petitioner, Board of Immigration Appeals. v. No. A 205 585 943 JEFFERSON B. SESSIONS III, Attorney General of the United States, Respondent. ORDER Rahul Chaudhari Kumar, a citizen of India, petitions for review of the denial of his motion to reopen his immigration proceedings based on changed circumstances: greater fear of political persecution because a rival political party gained control of the national government. The Immigration Judge denied Kumar’s motion to reopen because Kumar failed to show a material change in country conditions sufficient to warrant reopening. The Board of Immigration Appeals affirmed that decision. In his We granted the appellant’s unopposed motion to waive oral argument. Thus, * the appeal was submitted on the briefs and record. See FED. R. APP. P. 34(f). No. 17-3482 Page 2 petition for review Kumar argues that the Board’s denial of his motion was an abuse of discretion. We deny the petition. Kumar became a member of the Indian National Congress (often called the Congress Party) in 2010. The Congress Party has historically been popular since India’s independence in 1947 (seven prime ministers from this party have been elected). The Congress Party and the Bharatiya Janata Party (BJP) are the two largest national political parties in India. Kumar lived in the village of Khalol in the state of Gujarat. He canvassed door to door supporting the party and the election of his friend, attended party meetings, and participated in political protests. According to Kumar, local BJP members started to harass and threaten him (the timing of the alleged harassment is not reflected in the record). They told Kumar that if he did not stop campaigning for the Congress Party and join the BJP, severe consequences would ensue. Not dissuaded, Kumar continued working for the Congress Party. Kumar tried to register a complaint with the police about the harassment, but they “would not take his complaint.” Instead, says Kumar, the police told him that if he did not leave the Congress Party and join the BJP, they would bring “false charges” against him and take him into custody. After leaving the police station, Kumar was followed home by members of the BJP. They started “scuffling” with him, and Kumar’s younger brother was injured trying to aid him. According to Kumar, daily incidents of violence broke out during the 2013 election in Kumar’s village between members of the Congress Party and the BJP. The night of an election (details regarding the date and type of election are unclear), people threw rocks into Kumar’s house. When he came out of the house to confront the group, Kumar was attacked by a man from ...

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