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299 F. App'x 648

Khan v. Mukasey

U.S. Courts of Appeals

Decided November 3, 2008

U.S. Courts of Appeals · decided 2008-11-03

Applies 8 U.S.C. § 1252 (§ 242 of the Immigration and Nationality Act of 1952 (McCarran-Walter))

Relies on Immigration & Naturalization Service v. Elias-Zacarias · Zehatye v. Gonzales · Shabanali Ladha v. Immigration and Naturalization Service

Decided 2008-11-03

¶1MEMORANDUM …

¶2Ghayoor Khan, a native and citizen of Pakistan, petitions for review of the Board of Immigration Appeals’ order summarily affirming an immigration judge’s (“IJ”) decision denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252. Reviewing for substantial evidence, INS v. Elias-Zacarias, 502 U.S. 478, 481 n. 1, 112 S.Ct. 812, 117 L.Ed.2d 38 (1992), we deny the petition for review.

¶3Substantial evidence supports the IJ’s finding that Khan has not demonstrated a well-founded fear of future persecution, where the record contains insufficient direct or specific evidence that he is being targeted for harm. See Ladha v. INS, 215 F.3d 889, 897 (9th Cir.2000). Further, Khan has not shown that harm experienced by his family members creates “a pattern of persecution closely tied” to himself. See Arriagar-Barrientos v. INS, 937 F.2d 411, 414 (9th Cir.1991).

¶4Because Khan failed to show eligibility for asylum, he necessarily fails to meet the more strict requirements for withholding of removal. See Zehatye v. *650Gonzales, 453 F.3d 1182, 1190 (9th Cir. 2006).

¶5Substantial evidence also supports the IJ’s finding that Khan has not demonstrated that it is more likely than not that he will be tortured if he returns to Pakistan. See El Himri v. Ashcroft, 378 F.3d 932, 938 (9th Cir.2004).

¶6PETITION FOR REVIEW DENIED.

¶7 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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