Filed: Nov. 10, 2010
Latest Update: Feb. 21, 2020
Summary: IMG-009 NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _ No. 09-1351 _ GANGADEI PARBHU RAMRUP, Petitioner v. ATTORNEY GENERAL OF THE UNITED STATES, Respondent _ On Petition for Review of an Order of the Board of Immigration Appeals (BIA No. A99-139-910) Immigration Judge: Honorable Alberto J. Riefkohl _ Submitted Pursuant to Third Circuit LAR 34.1(a) November 1, 2010 Before: SCIRICA, FISHER and ALDISERT, Circuit Judges (Filed November 10, 2010 ) _ OPINION OF THE COURT _ PE
Summary: IMG-009 NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _ No. 09-1351 _ GANGADEI PARBHU RAMRUP, Petitioner v. ATTORNEY GENERAL OF THE UNITED STATES, Respondent _ On Petition for Review of an Order of the Board of Immigration Appeals (BIA No. A99-139-910) Immigration Judge: Honorable Alberto J. Riefkohl _ Submitted Pursuant to Third Circuit LAR 34.1(a) November 1, 2010 Before: SCIRICA, FISHER and ALDISERT, Circuit Judges (Filed November 10, 2010 ) _ OPINION OF THE COURT _ PER..
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IMG-009 NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
___________
No. 09-1351
___________
GANGADEI PARBHU RAMRUP,
Petitioner
v.
ATTORNEY GENERAL OF THE UNITED STATES,
Respondent
____________________________________
On Petition for Review of an Order of the
Board of Immigration Appeals
(BIA No. A99-139-910)
Immigration Judge: Honorable Alberto J. Riefkohl
____________________________________
Submitted Pursuant to Third Circuit LAR 34.1(a)
November 1, 2010
Before: SCIRICA, FISHER and ALDISERT, Circuit Judges
(Filed November 10, 2010 )
___________
OPINION OF THE COURT
___________
PER CURIAM.
Gangadei Parbhu Ramrup seeks review of the Board of Immigration Appeals’
(“BIA”) dismissal of her appeal of the removal order of an Immigration Judge (“IJ”). For
the reasons that follow, we will deny the petition for review.
I.
Petitioner Gangadei Parbhu Ramrup, a citizen of Guyana, entered the United
States in 2001 as a non-immigrant visitor. She failed to depart, and in 2006, the
Department of Homeland Security (“DHS”) commenced removal proceedings. Ramrup
applied for withholding of removal and CAT protection only, because an application for
asylum would have been untimely. See 8 C.F.R. § 1208.4(a)(2).
Ramrup testified that the two main ethnic groups in Guyana, the majority Afro-
Guyanese and the minority Indo-Guyanese, are in constant conflict. The Afro-Guyanese
control most of the government, including the military and the police. The Indo-
Guyanese, represented by the People’s Progressive Party (“PPP”), have control of the
presidency. Ramrup, an Indo-Guyanese, was self-employed before leaving Guyana. She
acted as a poll worker during the 1997 elections, during which there were outbreaks of
violence between the two ethnic groups. Ramrup testified that she fears she will be
targeted if returned to Guyana. She also claims that she will suffer significant economic
harm, because jobs are generally not available to Indo-Guyanese.
The Immigration Judge (“IJ”) found her testimony credible, and recognized that
the State Department’s 2001 Country Report for Guyana corroborated her claims about
the ethnic tensions and the high levels of poverty in the country. Nevertheless, the IJ
concluded that Ramrup failed to establish a well-founded fear of persecution, denied her
2
application for withholding of removal, and granted her application for voluntary
departure. The Board of Immigration Appeals (“BIA”) dismissed her appeal. Ramrup
filed a timely petition for review.
II.
We have jurisdiction over the petition for review pursuant to 8 U.S.C. § 1252.
Where, as here, the BIA adopts the findings of the IJ and discusses some of the bases for
the IJ’s opinion, this Court will review both opinions. See Xie v. Ashcroft,
359 F.3d 239,
242 (3d Cir. 2004). We review factual findings for substantial evidence, see Briseno-
Flores v. Att’y Gen.,
492 F.3d 226, 228 (3d Cir. 2007), upholding them “unless any
reasonable adjudicator would be compelled to conclude to the contrary.” 8 U.S.C. §
1252(b)(4)(B); see also Dia v. Ashcroft,
353 F.3d 228, 249 (3d Cir. 2003) (en banc).
III.
Ramrup claims that the IJ and BIA wrongly determined that she failed to meet her
burden of proof that she would more likely than not suffer harm, including economic
harm, if returned to Guyana. To qualify for withholding of removal, an alien must
establish that it is more likely than not that her “life or freedom would be threatened in
th[e] country [of removal] because of the alien’s race, religion, nationality, membership
in a particular social group, or political opinion.” 8 U.S.C. § 1231(b)(3)(A); Tarrawally
v. Ashcroft,
338 F.3d 180, 186 (3d Cir. 2003). To meet the stringent standard for
withholding of removal, an applicant must provide objective evidence that future
3
persecution is “more likely than not” to occur upon removal. 8 C.F.R. § 1208.16(b)(2);
Lukwago v. Ashcroft,
329 F.3d 157, 182 (3d Cir. 2003).
We agree that Ramrup failed to prove a well-founded fear of persecution.1 The
violence that envelops Guyana during elections and Ramrup’s prior political activity do
not establish that she will be personally targeted for persecution. See Myat Thu v. Att’y
Gen.,
510 F.3d 405, 413 (3d Cir. 2007) (“generally harsh conditions shared by many
other persons do not amount to persecution”) (quoting Fatin v. INS,
12 F.3d 1233, 1240
(3d Cir. 1993)). Ramrup never stated that she was a member of the PPP, just that she was
a poll worker. She presented no evidence that anyone in Guyana has a particular interest
in her or her prior activities.
Likewise, Ramrup’s claim that, as a member of the minority Indo-Guyanese
population, she will face persecution also fails. Racial and ethnic tensions and
discrimination do not necessarily denote persecution. See Ahmed v. Ashcroft,
341 F.3d
214, 217-18 (3d Cir. 2003) (widespread legal and economic discrimination against
Palestinians in Saudi Arabia does not constitute persecution). Her claim that she will
face economic persecution because of her ethnicity is also unsupported. “[D]eliberate
imposition of severe economic disadvantage which threatens a petitioner’s life or
freedom may constitute persecution.” Li v. Att’y Gen.,
400 F.3d 157, 168 (3d Cir. 2005).
1
Ramrup did not contest on appeal to the BIA whether the IJ erred in determining that she
failed to demonstrate past persecution, nor does she now claim that she suffered past
persecution. She does state, however, that her family members suffered past persecution.
4
Economic discrimination is insufficient. See
Ahmed, 341 F.3d at 217-18. Ramrup did
not present any evidence that she will be deliberately targeted for any reason. See
Li, 400
F.3d at 168. Accordingly, the evidence presented does not compel a conclusion contrary
to the IJ’s and BIA’s.
Finally, the record is devoid of any evidence that would render Ramrup eligible
for CAT protection, as she fails to show that it is more likely than not that she will face
torture if removed to Guyana. See Zubeda v. Ashcroft,
333 F.3d 463, 471 (3d Cir. 2003).
IV.
For the foregoing reasons, we will deny the petition for review.
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