Sarker v. Attorney General of United States of America, 122818 FED3, 18-1232

Docket Nº:18-1232
Opinion Judge:VANASKIE, Circuit Judge.
Party Name:ARIF SARKER, Petitioner v. ATTORNEY GENERAL OF THE UNITED STATES OF AMERICA, Respondent
Judge Panel:Before: JORDAN, VANASKIE, and NYGAARD, Circuit Judges
Case Date:December 28, 2018
Court:United States Courts of Appeals, Court of Appeals for the Third Circuit
 
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ARIF SARKER, Petitioner

v.

ATTORNEY GENERAL OF THE UNITED STATES OF AMERICA, Respondent

No. 18-1232

United States Court of Appeals, Third Circuit

December 28, 2018

NOT PRECEDENTIAL

Submitted Pursuant to Third Circuit L.A.R. 34.1(a) September 11, 2018

On Petition for Review of an Order of the Board of Immigration Appeals (Agency No. A206-498-043) Immigration Judge: Rosalind K. Malloy

Before: JORDAN, VANASKIE, and NYGAARD, Circuit Judges

OPINION[*]

VANASKIE, Circuit Judge.

Arif Sarker petitions for review of a final order of review issued by the Board of Immigration Appeals ("BIA" or "Board"). For the reasons that follow, we will deny the petition for review.

I.

Sarker, a native and citizen of Bangladesh, arrived in the United States in March 2014. Sarker was thereafter served with a Notice to Appear, charging him with removability under the Immigration & Nationality Act ("INA") § 212(a)(7)(A)(i)(I), 8 U.S.C. § 1182(a)(7)(A)(i)(I), for not being in possession of a valid entry document. In November 2014, he filed an application for asylum, withholding of removal, and protection under the Convention Against Torture ("CAT"), predicated on his claim that he had been persecuted for his involvement in the Bangladesh Nationalist Party ("BNP"). An asylum officer found that Sarker demonstrated a credible fear of persecution or torture, and referred his application to an immigration judge ("IJ") for further proceedings. Sarker conceded removability and renewed his application for asylum and related relief.

At his administrative hearing, Sarker testified that since 1999 he has been a member of the BNP, which is in opposition to the current ruling party of Bangladesh, the Awami League. Sarker claimed that he was first approached by members of the Awami League in his home town of Comilla, Bangladesh, in January 2013, when two men asked him to join the Awami League and he refused. Sarker testified that his refusal to join the Awami League angered the men, and that he was assaulted and intimidated by members of the Awami League in Comilla on multiple occasions because of his refusal to join the party. Sarker made arrangements to leave Bangladesh following these...

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