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SHAHNOWAZ v. WILKINSON (2021)

United States Court of Appeals, Ninth Circuit.2021-03-11No. No. 19-72797

Summary

Holding. The petition for review was denied, and the Board of Immigration Appeals' dismissal of Shahnowaz's appeal was upheld.

Shahnowaz, a Bangladeshi citizen, appealed an immigration judge's denial of protection under the Convention Against Torture. To qualify for such relief, an applicant must establish that government officials or private actors with government consent or acquiescence would more likely than not torture him upon removal to his home country. The court found that Shahnowaz failed to meet this burden, as he presented no prior torture history, offered only generalized allegations of police corruption without evidence of actual government complicity, and demonstrated no meaningful connection between specific threats and any acquiescence by Bangladeshi officials.

General ineffectiveness by a government in preventing crime does not suffice to prove acquiescence under the torture convention standard. The court determined that substantial evidence supported the immigration judge's and Board of Immigration Appeals' decision to deny relief, and that Shahnowaz had not shown the specific government involvement necessary to meet the applicable legal standard.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Standard for proving government acquiescence to torture under the Convention Against Torture
  • Whether generalized allegations of corruption satisfy CAT relief requirements
  • Sufficiency of evidence showing nexus between private actors and government complicity

Procedural posture

Shahnowaz petitioned for review of a Board of Immigration Appeals decision affirming an immigration judge's denial of Convention Against Torture relief.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

MEMORANDUM **

Syad Mohammed Shahnowaz, a citizen of Bangladesh, seeks review of a Board of Immigration Appeals (BIA) decision dismissing his appeal of an Immigration Judge (IJ) order denying Shahnowazs claim for relief under the Convention Against Torture (CAT). We review for substantial evidence and may grant relief only if the record compels a contrary conclusion. Yali Wang v. Sessions, 861 F.3d 1003, 1007 (9th Cir. 2017). We have jurisdiction under 8 U.S.C. § 1252 and deny the petition.

To obtain CAT relief, Shahnowaz must prove that government officials or private actors with government consent or acquiescence would “more likely than not” torture Shahnowaz if he were removed to Bangladesh. Garcia-Milian v. Holder, 755 F.3d 1026, 1033 (9th Cir. 2014) (quotations omitted). “Acquiescence of a public official requires that the public official, prior to the activity constituting torture, have awareness of such activity and thereafter breach his or her legal responsibility to intervene to prevent such activity.” 8 C.F.R. § 208.18(a)(7). But “general ineffectiveness on the governments part to investigate and prevent crime will not suffice to show acquiescence.” Andrade-Garcia v. Lynch, 828 F.3d 829, 836 (9th Cir. 2016).

Substantial evidence supports the denial of CAT relief. Shahnowaz does not claim past torture. And the BIA reasonably concluded that Shahnowaz had not demonstrated that the Bangladesh government would consent to or acquiesce in Motin or his associates torturing Shahnowaz. Nor are Shahnowazs general allegations of corruption within the Bangladeshi police sufficient to meet the CAT standard. We will “reverse[ ] agency determinations that future torture is not likely only when the agency failed to take into account significant evidence establishing government complicity in the criminal activity.” Id. Shahnowaz has not made such a showing here. See Delgado-Ortiz v. Holder, 600 F.3d 1148, 1152 (9th Cir. 2010) (“generalized evidence of violence and crime” does not meet CAT standard).

Finally, the BIA did not require Shahnowaz to show first-hand knowledge of corruption between Motin and the Bangladesh government. The BIA instead determined that Shahnowaz did not meet his burden because he showed no apparent relationship between Bangladeshi officials and Motin, and the country conditions reports did not suggest that Bangladeshi officials would acquiesce in any torture by Motin. The record does not compel a contrary conclusion.

PETITION DENIED.