578 F.3d 712 (7th Cir. 2009), 08-2834, Ishitiaq v. Holder

Docket Nº:08-2834.
Citation:578 F.3d 712
Opinion Judge:WILLIAMS, Circuit Judge.
Party Name:Mughal Muhammad ISHITIAQ, Petitioner, v. Eric H. HOLDER, Jr., Attorney General of the United States,[1] Respondent.
Attorney:Guy V. Croteau (argued), Chicago, IL, for Petitioner. Shahrzad Baghai (argued), Department of Justice, Washington, DC, for Respondent.
Judge Panel:Before KANNE, WOOD, and WILLIAMS, Circuit Judges.
Case Date:August 25, 2009
Court:United States Courts of Appeals, Court of Appeals for the Seventh Circuit
 
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Page 712

578 F.3d 712 (7th Cir. 2009)

Mughal Muhammad ISHITIAQ, Petitioner,

v.

Eric H. HOLDER, Jr., Attorney General of the United States, 1 Respondent.

No. 08-2834.

United States Court of Appeals, Seventh Circuit.

August 25, 2009

Argued March 30, 2009.

Page 713

[Copyrighted Material Omitted]

Page 714

Guy V. Croteau (argued), Chicago, IL, for Petitioner.

Shahrzad Baghai (argued), Department of Justice, Washington, DC, for Respondent.

Before KANNE, WOOD, and WILLIAMS, Circuit Judges.

WILLIAMS, Circuit Judge.

Mughal Muhammad Ishitiaq seeks review of a final order of the Board of Immigration Appeals, which found Ishitiaq statutorily ineligible for asylum, denied his applications for withholding of removal and relief under the Convention Against Torture, and ordered him removed from the United States. We dismiss Ishitiaq's asylum petition because we lack jurisdiction to review it, and we deny the petition for review as to his withholding of removal and CAT claims because the decision was supported by substantial evidence.

I. BACKGROUND

Mughal Muhammad Ishitiaq, a Sunni Muslim, was born in Pakistan in 1968. His father was a member of the religious group known as Jamat-E-Islami. Ishitiaq was never a member, although he did help his father with some of the group's charitable activities. After Ishitiaq's father became a member of Jamat-E-Islami, it turned from a benevolent organization to a terrorist group. When Ishitiaq was in high school, he was approached by two men who told him that he must join the group and train as a fighter in a Jihad camp. Ishitiaq did not join, and, as a result, in December 1986, Jamat-E-Islami members shot at, but did not injure, him. Three months later, in February 1987, Ishitiaq was kidnapped and beaten by some of the same men from Jamat-E-Islami. He was taken to a defense area and held for several days, but escaped. Ishitiaq then boarded a ship to Istanbul and traveled abroad as a seaman for the next ten years, occasionally returning home to Pakistan to visit friends and family.

Ishitiaq repatriated to Pakistan in January 2000. He learned that Jamat-E-Islami members and informants were living in the area where he stayed. He, his wife and children hid at the home of a friend. In April 2000, a group of armed men came to the friend's home, blindfolded Ishitiaq, and drove him to a house where they allegedly beat him. Ishitiaq again escaped

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and made his way to the American Embassy. He applied for a visitor's visa and came to the United States on September 20, 2000.

After Ishitiaq overstayed his visa in the United States, removal proceedings began in March 2003. On December 2, 2003, Ishitiaq filed an application for asylum, withholding of removal and relief under the Convention Against Torture ("CAT"). On October 1, 2007, after the Immigration Judge ("IJ") presiding over his case had granted Ishitiaq several continuances, the IJ denied Ishitiaq's petition for asylum, withholding of removal, and protection under the CAT in an oral decision. The IJ found that Ishitiaq had not filed his application for asylum by the one-year deadline, and no changed or exceptional circumstances justified reconsidering his application. The IJ also determined that Ishitiaq was not eligible for withholding of removal because he had failed to show either the existence of past or the likelihood of future persecution on account of his religion or political opinion. Additionally, the IJ determined that the 2000 event was more " questionable" and concluded that because Ishitiaq did not give a detailed description of that encounter his testimony was not credible. Finally, because Ishitiaq failed to meet the standard for withholding of removal, the IJ denied him relief under the more stringent standard for CAT protection. The IJ did, however, allow voluntary departure.

Ishitiaq appealed the IJ's ruling to the Board of Immigration Appeals ("BIA"). On June 27, 2008, the BIA affirmed the IJ's ruling in an order, relying on the IJ's determinations of fact and law. Ishitiaq petitions for review of the BIA's decision.

II. ANALYSIS

We review the IJ's decision as supplemented by the BIA's analysis. See Krishnapillai v. Holder, 563 F.3d 606, 615 (7th Cir.2009). We give deference to the IJ's factual determinations, and we uphold the decision if it is supported by substantial evidence. See Ingmantoro v. Mukasey, 550 F.3d 646, 649 (7th Cir.2008). We will overturn the BIA's decision only if " the record compels a contrary result." Mabasa v. Gonzales, 455 F.3d 740, 744 (7th Cir.2006) (quoting Brucaj v. Ashcroft, 381 F.3d 602, 606 (7th Cir.2004)).

A....

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