Kulbhushan Kumar v. ERIC H. HOLDER, Jr., Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
KULBHUSHAN KUMAR,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 13-70459
Agency No. A072-143-183
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 13, 2014**
Before: CLIFTON, BEA, and WATFORD, Circuit Judges.
Kulbhushan Kumar, a native and citizen of India, petitions for review of the
Board of Immigration Appeals’ (“BIA”) order dismissing his appeal of the
immigration judge’s decision denying his application for asylum and withholding
of removal. We have jurisdiction under 8 U.S.C. § 1252. We review for
FILED
MAY 28 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).

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substantial evidence the agency’s factual findings. Zehatye v. Gonzales, 453 F.3d
1182, 1184-85 (9th Cir. 2006). We deny the petition for review.
The BIA found Kumar failed to establish the Indian government was unable
or unwilling to control the Sikh terrorists he feared, or that the government would
be unable or unwilling to protect him in the future. Substantial evidence supports
the agency’s finding. See Castro-Martinez v. Holder, 674 F.3d 1073, 1080-82 (9th
Cir. 2011) (substantial evidence supported BIA conclusion that petitioner did not
meet his burden to show government was unable or unwilling to control attackers);
see also Nahrvani v. Gonzales, 399 F.3d 1148, 1154 (9th Cir. 2005) (record did not
compel conclusion that the government was unable or unwilling to control the
perpetrators of the harm). Thus, Kumar’s asylum claim fails.
Because Kumar did not establish eligibility for asylum, it follows that he did
not satisfy the more stringent standard for withholding of removal. See Zehatye,
453 F.3d at 1190.
PETITION FOR REVIEW DENIED.
13-70459 2

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