Case: 19-60576 Document: 00515595198 Page: 1 Date Filed: 10/08/2020 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED No. 19-60576 October 8, 2020 Summary Calendar Lyle W. Cayce Clerk Kamrul Hasan, Petitioner, versus William P. Barr, U. S. Attorney General, Respondent. Petition for Review of an Order of the Board of Immigration Appeals BIA No. A216 590 675 Before Owen, Chief Judge, and Dennis and Ho, Circuit Judges. Per Curiam:* Kamrul Hasan, a native and citizen of Bangladesh, petitions for review of the dismissal by the Board of Immigration Appeals (BIA) of his appeal from the denial of his application for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). * Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. Case: 19-60576 Document: 00515595198 Page: 2 Date Filed: 10/08/2020 No. 19-60576 We have authority to review only the order of the BIA unless the underlying decision of the Immigration Judge (IJ) influenced the BIA’s decision. Wang v. Holder, 569 F.3d 531, 536 (5th Cir. 2009). Here, because the BIA approved of and relied on the IJ’s findings, we review both decisions. See id. In addition, we review an immigration court’s findings of fact for substantial evidence. Id. Under this standard, this court may not reverse an immigration court’s factual findings unless “the evidence was so compelling that no reasonable factfinder could conclude against it.” Id. at 536-37. First, Hasan argues that the BIA erred in dismissing his claims for asylum and withholding of removal because he established past persecution and a well-founded fear of future persecution by the Awami League due to his membership in the Bangladesh National Party. He contends that his refusal to join the Awami League would compromise his safety if he returned to Bangladesh and discounts the IJ’s finding that Hasan could relocate safely to another area of the country. Substantial evidence supports the BIA’s finding that Hasan had failed to show that the Bangladeshi government was unable or unwilling to protect him. See Wang, 569 F.3d at 536. Although Hasan detailed how police demanded a bribe from Hasan’s father before they would write a report regarding the first attack against Hasan, he did not seek any type of police assistance after the second attack by members of the Awami League. The State Department reports submitted by Hasan do not necessarily bolster his claim of governmental inaction because they showed a decrease in politically motivated killings and explained that the Bangladeshi government had at least enacted steps to remedy police corruption, even if it did not consistently enforce the measures. In the absence of evidence that the Bangladeshi government was unable or unwilling to protect him, Hasan cannot show that 2 Case: 19-60576 Document: 00515595198 Page: 3 Date Filed: 10/08/2020 No. 19-60576 the harm he suffered by members of the Awami ...
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