Zhakypbaev v. Sessions

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Zhakypbaev, a citizen of Kyrgyzstan, was admitted to the U.S. in 2012 as a nonimmigrant student to attend the Computer Systems Institute. His wife and three daughters were admitted based on his status. He did not attend the Institute after February 4, 2013, and in April 2013, filed applications for asylum, withholding of removal, and protection under the Convention Against Torture. His claims were premised on the events surrounding the ouster of president Bakiev in Kyrgyzstan in April 2010. Zhakypbaev claimed that based on his connections with the Bakiev family and with Bakiev’s political party, he was persecuted and had a well‐founded fear of future persecution in Kyrgyzstan. The Immigration Judge denied relief, holding that Zhakypbaev failed to demonstrate that his persecution was connected to his political opinion or social group and that he had failed to establish a threat of torture. The BIA affirmed. The Seventh Circuit denied a petition for review. The IJ and BIA could properly conclude that Zhakypbaev’s claimed persecution, a beating and questioning, did not result from his political affiliation but from his potential as a witness because of his employment. View "Zhakypbaev v. Sessions" on Justia Law