Muhammad Butt v. William P. Barr


NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed.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 Argued September 4, 2019 Decided October 23, 2019 Before DIANE P. WOOD, Chief Judge WILLIAM J. BAUER, Circuit Judge DAVID F. HAMILTON, Circuit Judge No. 19-1165 MUHAMMAD TAUFIQ BUTT, Petition for Review of an Order of the Petitioner, Board of Immigration Appeals. v. No. A095-925-106 WILLIAM P. BARR, Attorney General of the United States, Respondent. ORDER Petitioner Muhammad Taufiq Butt was ordered removed to his native Pakistan by an immigration judge. The Board of Immigration Appeals affirmed the removal order. Butt timely petitioned this court for review of that decision. We have jurisdiction under 8 U.S.C. § 1252(a)(1) and deny the petition. I. Background Butt was born in 1955 in Karachi, Pakistan. In 1980, he moved to Dubai, United Arab Emirates, and from there, in 1990, to Manama, Bahrain. Butt worked in banking and finance. In 1988, while living in Dubai, Butt joined a Pakistani political party called the Mohajir Qaumi Movement (MQM), an organization (later split into two No. 19-1165 Page 2 organizations) that we have addressed before in some detail. See Khan v. Holder, 766 F.3d 689 (7th Cir. 2014); Hussain v. Mukasey, 518 F.3d 534 (7th Cir. 2008). Butt participated in MQM’s activities from abroad as well as during his regular trips back home. In 1998, Butt traveled with his family to the United States on a B-2 tourist visa with authorization to remain until early 1999. Butt overstayed his visa, however, and the government instituted removal proceedings against him in 2003. In 2004 Butt applied for asylum, withholding of removal, and protection under the United Nations Convention Against Torture, supported by an affidavit drafted that year. Butt withdrew that application in 2009 and filed a new one in 2012, supported by a new affidavit drafted in 2011. On September 28, 2017, an immigration judge issued a decision denying Butt’s claims to relief on multiple grounds. On December 26, 2018 the Board of Immigration Appeals affirmed and adopted the judge’s decision with additional reasoning. II. Analysis We review together the decisions of the immigration judge and the Board. Zhakypbaev v. Sessions, 880 F.3d 881, 883 (7th Cir. 2018), citing Bathula v. Holder, 723 F.3d 889, 897 (7th Cir. 2013). We review legal conclusions de novo and factual findings, including credibility determinations, for substantial evidence. Cojocari v. Sessions, 863 F.3d 616, 621 (7th Cir. 2017), citing Krishnapillai v. Holder, 563 F.3d 606, 615 (7th Cir. 2009). “Under the substantial evidence standard, we uphold the agency determination if it is supported by ‘reasonable, substantial, and probative evidence on the record considered as a whole.’” Zhakypbaev, 880 F.3d at 884, quoting Bathula, 723 F.3d at 898. We reverse only if “a reasonable factfinder would have to reach a contrary conclusion.” Id. (internal quotation marks omitted), citing Bathula, 723 F.3d at 898. A. Convention Against Torture Protection We decline to review Butt’s claim for protection ...

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