Zakir Hossain v. U.S. Attorney General

Case: 16-17535 Date Filed: 10/18/2017 Page: 1 of 8 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 16-17535 Non-Argument Calendar ________________________ Agency No. A206-675-747 ZAKIR HOSSAIN, Petitioner, versus U.S. ATTORNEY GENERAL, Respondent. ________________________ Petition for Review of a Decision of the Board of Immigration Appeals ________________________ (October 18, 2017) Before JORDAN, ROSENBAUM and BLACK, Circuit Judges. PER CURIAM: Case: 16-17535 Date Filed: 10/18/2017 Page: 2 of 8 Zakir Hossain, a citizen of Bangladesh, petitions for review of the Board of Immigration Appeals’ (BIA) final order affirming the Immigration Judge’s (IJ) denial of his application for asylum, withholding of removal, and relief under the United Nations Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (CAT). Hossain, a member of the Bangladesh National Party (BNP), claims he was persecuted based on his political views by members of the Awami League. Hossain asserts substantial evidence does not support the denial of asylum and withholding of removal based on an adverse credibility determination. Hossain also contends substantial evidence does not support the denial of CAT relief. After review, 1 we deny the petition. I. DISCUSSION A. Asylum and Withholding of Removal An applicant for asylum must meet the Immigration and Nationality Act’s (INA) definition of a refugee. 8 U.S.C. § 1158(b)(1). The INA defines a refugee as: 1 We review only the decision of the BIA, “except to the extent that it expressly adopts the IJ’s opinion.” Al Najjar v. Ashcroft, 257 F.3d 1262, 1284 (11th Cir. 2001). We also review the IJ’s decision insofar as the BIA adopts the IJ’s reasoning. Id. Factual determinations, which include credibility determinations, are reviewed under the substantial evidence test. Ruiz v. U.S. Att’y Gen., 440 F.3d 1247, 1254-55 (11th Cir. 2006). Under the substantial evidence test, which is highly deferential, we “must affirm the BIA's decision if it is supported by reasonable, substantial, and probative evidence on the record considered as a whole.” Al Najjar, 257 F.3d at 1284 (quotation omitted). 2 Case: 16-17535 Date Filed: 10/18/2017 Page: 3 of 8 any person who is outside any country of such person’s nationality . . . and who is unable or unwilling to return to, and is unable or unwilling to avail himself or herself of the protection of, that country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. 8 U.S.C. § 1101(a)(42)(A). To meet the definition of a refugee, the applicant must, “with specific and credible evidence, demonstrate (1) past persecution on account of a statutorily listed factor, or (2) a well-founded fear that the statutorily listed factor will cause future persecution.” Ruiz v. U.S. Att’y Gen., 440 F.3d 1247, 1257 (11th Cir. 2006) (quotation omitted). If credible, an asylum applicant’s testimony alone may be sufficient for the applicant to establish his eligibility for relief from removal. Id. On the other hand, “an adverse credibility determination alone may be ...

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