Jathursan v. United States Attorney General, No. 20-10003 (11th Cir. 2021)
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Jathursan, a citizen of Sri Lanka, entered the U.S. without inspection in 2018. He was apprehended and expressed a fear of returning to Sri Lanka. After a credible fear interview, DHS determined that Jathursan had a credible fear of persecution in Sri Lanka. Jathursan applied for asylum, withholding of removal, and Convention Against Torture (CAT) protection. Jathursan cited his Tamil race and/or ethnicity, his imputed political opinion as a supporter of the Liberation Tigers of Tamil Eelam (LTTE), his imputed membership in the LTTE through his brother, and his status as a Tamil failed asylum seeker.
The BIA upheld the immigration judge’s findings that Jathursan failed to establish past persecution on account of a protected ground, a well-founded fear of future persecution on account of a protected ground, or that he would more likely than not be tortured if he returned to Sri Lanka. The Eleventh Circuit vacated and remanded for further consideration of his asylum and withholding-of-removal claims based on his fear of future persecution as a Tamil failed asylum seeker and the denial of relief under CAT. The court rejected his claims for asylum and withholding of removal based on past persecution; substantial evidence supported the BIA’s denial of relief on that ground.
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