Oumar Yaider Abderman v. Matthew Whitaker


NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS DEC 28 2018 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT OUMAR YAIDER ABDERMAN, No. 16-70933 Petitioner, Agency No. A089-839-386 v. MEMORANDUM* MATTHEW G. WHITAKER, Acting Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted December 20, 2018** San Francisco, California Before: CALLAHAN, N.R. SMITH, and MURGUIA, Circuit Judges. Petitioner, Oumar Yaider Abderman (“Yaide”),1 is a native and citizen of Chad. He seeks review of an order of the Board of Immigration Appeals (“BIA”) * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 1 We follow the parties lead in referring to petitioner as “Yaide.” denying his applications for asylum and withholding of removal.2 Yaide argues he is eligible for asylum and withholding of removal under the Immigration and Nationality Act because he is a member of a disfavored group (Goranes) and the record compels a finding that he has an individualized risk of future persecution. See 8 U.S.C. §§ 1101(a)(1)(42) (asylum), 1231(b)(3) (withholding of removal). We have jurisdiction under 8 U.S.C. § 1252(a), and we deny the petition.3 An agency’s denials of asylum and withholding of removal are reviewed for substantial evidence. Hamazaspyan v. Holder, 590 F.3d 744, 747 (9th Cir. 2009). Under this “highly deferential” standard, the petitioner “must show that the evidence compels reversal.” Chebchoub v. I.N.S., 257 F.3d 1038, 1042 (9th Cir. 2001), superseded by statute on other grounds as stated in Shrestha v. Holder, 590 F.3d 1034, 1046 (9th Cir. 2010). The BIA affirmed the IJ’s holding that although Yaide had a subjective fear of persecution and the Goranes are likely a disfavored group in Chad, Yaide’s fear of persecution was not objectively reasonable. To meet the objective component, Yaide must have shown either: (1) there is a systematic pattern or practice of persecution against the Goranes; or (2) he has an 2 Although Yaide sought protection under the Convention Against Torture (“CAT”) in the agency proceedings, his petition for review challenges only the denial of asylum and withholding of removal. 3 The facts are familiar to the parties and are restated here only as necessary to resolve the issues of the petition for review. 2 individualized risk of being singled out for persecution. Sael v. Ashcroft, 386 F.3d 922, 925 (9th Cir. 2004). The record does not compel either of these conclusions. First, there is no compelling evidence that Goranes are specifically targeted because of their ethnicity. While there is evidence of arrests and detentions of Goranes in Chad, such treatment is most likely a product of the government’s opposition to rebel groups, such as the UFDD, many of whose members are Goranes. Second, there is no compelling evidence that Yaide has an individualized risk of future persecution. Apart from his father’s ...

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