Zhakypbaev v. Sessions

Federal 7th Circuit Court
Civil Court
Case Number: 
No. 17-1459
Decision Date: 
January 26, 2018
Federal District: 
Petition for Review, Order of Bd. of Immigration Appeals
Petition denied

Record contained sufficient evidence to support Bd.’s denial of alien’s applications for asylum and withholding of removal, as well as for protection under Convention Against Torture, where alien alleged that he was victim of past persecution and would be subject to future persecution if forced to return to Kyrgyzstan based on his political opinion and his membership in social group comprising of persons associated with members of Bakiev family. IJ could properly find that alien exaggerated his connection to Bakiev family members, who used to rule Kyrgyzstan until they were deposed, and alien otherwise failed to show that physical abuse and beatings that he incurred while in Kyrgyzstan was based either on his association with Bakiev family or his political opinion, since evidence, including alien’s own testimony, showed that alien was sought out by successor govt. because alien was potential useful witness to alleged financial crimes committed by members of Bakiev family and not because of alien’s membership in instant social group. Ct. further found that because evidence did not compel contrary conclusion that alien’s persecution was connected to his membership in proposed social group, Ct. was required to uphold IJ’s denial of alien’s applications for relief.