Abdul v. Garland


Case: 19-60756 Document: 00515920257 Page: 1 Date Filed: 06/30/2021 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED June 30, 2021 No. 19-60756 Lyle W. Cayce Clerk Motaleb Abdul, Petitioner, versus Merrick Garland, U.S. Attorney General, Respondent. Petition for Review of an Order of the Board of Immigration Appeals BIA No. A215 916 148 Before Clement, Haynes, and Wilson, Circuit Judges. Per Curiam:* Motaleb Abdul, a native and citizen of Bangladesh, applied for asylum on the basis of political persecution under 8 U.S.C. § 1158. The immigration judge (the “IJ”) denied his petition and the Board of Immigration Appeals (the “BIA”) affirmed. For the reasons below, we DISMISS the petition for review in part and DENY it in part. * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. Case: 19-60756 Document: 00515920257 Page: 2 Date Filed: 06/30/2021 No. 19-60756 I. Background In 2018, Abdul entered the United States without inspection. Approximately two months later, the Department of Homeland Security commenced removal proceedings against Abdul by issuing a Notice to Appear. In response to the Notice, Abdul sought relief from removal by applying for asylum. 1 He claimed that he was persecuted for being a member of the Liberal Democratic Party (the “LDP”), an opposition political party in his home country, by the ruling Awami League party. At the merits hearing, Abdul testified that he joined the LDP because, out of all the parties that came into his father’s tea shop to discuss their activities, he appreciated the LDP’s work the most. As a general member, he attended LDP events, publicized the party in public places, and encouraged people to join. According to Abdul, the Awami League threatened and attacked him—and only him—for being an LDP member because his father’s tea shop was popular with political members and he was liked by many people in his neighborhood. Two such incidents—involving the Awami League’s alleged attempts to kill him—served as Abdul’s main reasons for seeking asylum. Both attacks occurred while Abdul was walking home alone from his father’s tea shop after spending the earlier part of the day doing an activity for the LDP. Abdul claimed that his attackers were Awami League members because they loitered in an area where many Awami League programs occurred and 1 Abdul also applied for withholding of removal under 8 U.S.C. § 1231(b)(3) and protection under the Convention Against Torture under 8 C.F.R. § 1208.16(c). The IJ denied Abdul’s applications on both grounds, the BIA affirmed, and Abdul does not raise any errors of the BIA’s or the IJ’s decisions on these two claims on appeal. Accordingly, we do not address them. See Cavallini v. State Farm Mut. Auto Ins. Co., 44 F.3d 256, 260 n.9 (5th Cir. 1995) (noting that “the failure to provide any legal or factual analysis of an issue …

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