Salman v. Holder, No. 11-2416 (8th Cir. 2012)
Annotate this CasePetitioner, a native and citizen of Israel, entered the United States in September 2005. On September 21, 2006, the government commenced removal proceedings against Petitioner. In response, Petitioner submitted an application for asylum, claiming he feared persecution if he were to return to Israel. Because Petitioner submitted this application after removal proceedings were commenced, his application was also considered a request for withholding of removal. An immigration judge (IJ) found against Petitioner. The board of immigration appeals (BIA) affirmed. The Eighth Circuit Court of Appeals affirmed, holding that the BIA did not err in (1) accepting the IJ's conclusion that Petitioner did not meet his burden of proof for establishing his claim of asylum and withholding of removal; and (2) denying Petitioner's motion to reopen and remand.
Court Description: Petition for Review - Immigration. Immigration Judge did not err in finding petitioner failed to establish that the Israeli government condoned or was powerless to protect against the private retaliatory behavior that is the basis of his fear of future persecution; BIA did not err in denying petitioner's motion to reopen and remand.
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