Gebrgzabher v. Garland, No. 21-60223 (5th Cir. 2022)
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Petitioner, an Eritrean citizen, was forcibly conscripted into the Eritrean National Service, an open-ended requirement of compulsory service, and made to work as an armed guard at a highway checkpoint through which Eritrean security forces brought detainees. Several years later, Petitioner escaped and made his way to America, where he applied for asylum and withholding of removal. The Board of Immigration Appeals (BIA) concluded that Petitioner was ineligible because he assisted in the persecution of captives by impeding their escape at the checkpoint.
The Fifth Circuit denied Petitioner’s petition, finding that BIA’s determination is supported by substantial evidence and the record does not compel a contrary result. The court explained that to succeed, Petitioner must show that “the record evidence compels a conclusion contrary to the agency’s determination.” The court held that none of the evidence Petitioner presented compelled the court to conclude that no reasonable factfinder could agree with the BIA that Petitioner failed to meet his burden of rebutting the application of the persecutor bar. The court explained that its decision does not affect the IJ’s unchallenged grant of CAT relief.
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