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Vahora v. Holder, 09-3033

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By FindLaw Staff on November 15, 2010 3:26 PM

Indian citizen's petition for review of BIA's denial of his application for asylum denied

Vahora v. Holder, 09-3033, concerned a petition for review of a BIA's affirmance of an IJ's denial of petitioner's application for asylum and grant of a voluntary departure, brought by a native of India on the basis of his Muslim faith.

In denying the petition, the court held that the BIA's conclusions regarding petitioner's asylum eligibility are supported by substantial evidence as the petitioner has established neither that he was a victim of past persecution, nor that he has a well founded fear of future persecution on a country-wide basis.  The court also held that the petitioner has not established that the IJ abused his discretion in denying administrative closure.  Lastly, the court held that the IJ did not fail to inform the petitioner about relief because the possibility of relief was highly speculative on the record.

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