Kotb v. Holder

10-1783-ag Kotb v. Holder BIA Abrams, IJ A096 429 585 UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT’S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION “SUMMARY ORDER”). A PARTY CITING A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL. 1 At a stated term of the United States Court of Appeals 2 for the Second Circuit, held at the Daniel Patrick Moynihan 3 United States Courthouse, 500 Pearl Street, in the City of 4 New York, on the 19th day of April, two thousand eleven. 5 6 PRESENT: 7 JOHN M. WALKER, JR., 8 JOSEPH M. McLAUGHLIN, 9 ROBERT A. KATZMANN, 10 Circuit Judges. 11 _____________________________________ 12 13 KARIM KOTB, a/k/a KARIM EMAD DESSOUKY KOTB, 14 Petitioner, 15 16 v. 10-1783-ag 17 NAC 18 ERIC H. HOLDER, JR., UNITED STATES 19 ATTORNEY GENERAL, 20 Respondent. 21 _____________________________________ 22 23 FOR PETITIONER: Samy Beshay, New York, NY. 24 25 FOR RESPONDENT: Tony West, Assistant Attorney 26 General; Richard M. Evans, Assistant 27 Director; Allen W. Hausman, Senior 28 Litigation Counsel, Office of 29 Immigration Litigation, Civil 30 Division, United States Department 31 of Justice, Washington, D.C. 1 UPON DUE CONSIDERATION of this petition for review of a 2 decision of the Board of Immigration Appeals (“BIA”), it is 3 hereby ORDERED, ADJUDGED, AND DECREED, that the petition for 4 review is DENIED. 5 Petitioner Karim Kotb, a native and citizen of Egypt, 6 seeks review of an April 6, 2010, decision of the BIA 7 affirming the November 15, 2007, decision of Immigration 8 Judge (“IJ”) Steven R. Abrams denying Kotb’s applications 9 for asylum, withholding of removal, and relief under the 10 Convention Against Torture (“CAT”). In re Karim Kotb, No. 11 A096 429 585 (B.I.A. Apr. 6, 2010), aff’g No. A096 429 585 12 (Immigr. Ct. N.Y. City Nov. 15, 2007). We assume the 13 parties’ familiarity with the underlying facts and 14 procedural history of the case. 15 Under the circumstances of this case, we review “both 16 the IJ’s and the BIA’s opinions ‘for the sake of 17 completeness.’” Zaman v. Mukasey, 514 F.3d 233, 237 (2d 18 Cir. 2008) (per curiam) (quoting Wangchuck v. DHS, 448 F.3d 19 524, 528 (2d Cir. 2006)). The applicable standards of 20 review are well-established. See 8 U.S.C. § 1252(b)(4)(B); 21 see also Yanqin Weng v. Holder, 562 F.3d 510, 513 (2d Cir. 22 2009). 2 1 We find no error in the agency's determination that 2 Kotb failed to demonstrate his eligibility for withholding 3 of removal. “In the absence of solid support in the record 4 for [an applicant’s] assertion that he will be [persecuted], 5 his fear is speculative at best.” Jian Xing Huang v. INS, 6 421 F.3d 125, 129 (2d Cir. 2005) (per curiam). Because Kotb 7 did not submit any evidence in support of his contention 8 that the Egyptian government will harm him based on its 9 alleged belief that he works for the CIA, the agency did not 10 err in finding his claimed fear speculative and insufficient 11 to establish his eligibility for withholding of removal. 12 For the foregoing reasons, the petition for review is 13 DENIED. As we have completed our review, any stay of 14 removal that the Court previously granted in this petition 15 is VACATED, and any pending motion for a stay of removal in 16 this petition is DISMISSED as moot. Any pending request for 17 oral argument in this petition is DENIED in accordance with 18 Federal Rule of Appellate Procedure 34(a)(2), and Second 19 Circuit Local Rule 34(b). 20 FOR THE COURT: 21 Catherine O’Hagan Wolfe, Clerk 22 23 3