Kumar v. Garland ( 2023 )

Case: 22-60128 Document: 00516601724 Page: 1 Date Filed: 01/06/2023
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
____________ FILED
January 6, 2023
No. 22-60128
Lyle W. Cayce
Summary Calendar
Clerk
____________
Vijay Kumar,
Petitioner,
versus
Merrick Garland, U.S. Attorney General,
Respondent.
______________________________
Petition for Review of an Order of the
Board of Immigration Appeals
Agency No. A209 157 570
______________________________
Before Davis, Smith, and Douglas, Circuit Judges.
Per Curiam:*
Vijay Kumar, a native and citizen of India, timely petitions us for re-
view of a decision of the Board of Immigration Appeals denying his past and
future persecution asylum claims.
On petition for review of a BIA decision, this court reviews factual
findings for substantial evidence and questions of law de novo. Lopez-Gomez
_____________________
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 22-60128 Document: 00516601724 Page: 2 Date Filed: 01/06/2023
No. 22-60128
v. Ashcroft, 263 F.3d 442, 444 (5th Cir. 2001). The substantial-evidence
standard applies to review of decisions denying asylum, withholding of
removal, and relief under the CAT. Zhang v. Gonzales, 432 F.3d 339, 344 (5th
Cir. 2005). This standard requires that the BIA’s conclusion be based on the
evidence presented and that its decision be substantially reasonable. Id.Under this standard, reversal is improper unless the evidence compels a
contrary conclusion. Carbajal-Gonzalez v. INS, 78 F.3d 194, 197 (5th Cir.
1996).
We are not compelled to find that the harm Kumar experienced in the
past is persecution. See Gjetani v. Barr, 968 F.3d 393, 397 (5th Cir. 2020); see
also Morales v. Sessions, 860 F.3d 812, 816 (5th Cir. 2017). To the extent he
argues that the Board did not consider psychological harm, this argument is
unexhausted. See Lopez-Dubon v. Holder, 609 F.3d 642, 644 (5th Cir. 2010).
The fear of future persecution arguments are also unexhausted. Id.DENIED in part, DISMISSED in part.
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