An ethnically Tamil Sri Lankan's petition for review of a decision by the BIA denying his application for asylum, withholding of removal, and relief under CAT is denied where: 1) the BIA's recent findings have been sustained that treatment of Tamils in Sri Lanks does not rise to the level necessary to establish a pattern or practice claim that standing alone permits relief, and here, the record in this case neither compels a contrary finding nor supports petitioner's assertion that his claim was ignored; 2) the BIA did not err in denying petitioner's motion to reopen the proceedings; and 3) petitioner's claim that he is entitled to asylum because he is part of the particular social group of failed asylum seekers is barred as he failed to raise it before the IJ.
On Petition for Review of an Order of the Board of Immigration Appeals
Decided December 9,2009
Opinion by Boudin, Circuit Judge
For Appellant: Visuvanathan Rudrakumaran, Law Office of Visuvanathan Rudrakumaran
For Appellee: Anthony W. Norwood, Senior Litigation Counsel, Office of Immigration Litigation