UPON DUE CONSIDERATION of this petition for review of a Board of Immigration Appeals ("BIA") decision, it is hereby ORDERED, ADJUDGED, AND DECREED that the petition for review is DENIED.
Petitioner Mohamed Fazlan Mohamed Fawzer, a native and citizen of Sri Lanka, seeks review of an August 17, 2016, decision of the BIA affirming an October 30, 2014, decision of an Immigration Judge ("IJ") denying Fawzer's application for asylum, withholding of removal, and relief under the Convention Against Torture ("CAT"). In re Mohamed Fazlan Mohamed Fawzer, No. A205 442 791 (B.I.A. Aug. 17, 2016), aff'g No. A205 442 791 (Immig. Ct. N.Y. City Oct. 30, 2014). We assume the parties' familiarity with the underlying facts and procedural history in this case.
Under the circumstances of this case, we have reviewed the IJ's decision as modified by the BIA, i.e., excluding the adverse credibility determination, which the BIA declined to reach. See Xue Hong Yang v. U.S. Dep't of Justice, 426 F.3d 520, 522 (2d Cir. 2005). The applicable standards of review are well established. See 8 U.S.C. § 1252(b)(4)(B); Yanqin Weng v. Holder, 562 F.3d 510, 513 (2d Cir. 2009). An asylum applicant bears the burden of establishing that he suffered past persecution or has a well-founded fear of future persecution in the country of removal on account of a protected ground ("race, religion, nationality, membership in a particular social group, or political opinion"). 8 U.S.C. § 1101(a)(42); Jin Jin Long v. Holder, 620 F.3d 162, 166 (2d Cir. 2010). For applications such as Fawzer's, governed by the REAL ID Act of 2005, the applicant must show a "sufficiently strong" nexus to a protected ground by demonstrating that the protected ground is or will be "at least one central reason" for his persecution. 8 U.S.C. § 1158(b)(1)(B)(i); Castro v. Holder, 597 F.3d 93, 100 (2d Cir. 2010.) As the BIA has explained, "the protected ground cannot play a minor role in the alien's past mistreatment or fears of future mistreatment. That is, it cannot be incidental, tangential, superficial, or subordinate to another reason for harm." Matter of J----B----N---- & S----M----, 24 I. & N. Dec. 208, 214 (B.I.A. 2007).
We conclude that the record evidence here does not compel the conclusion that Fawzer met his burden of establishing eligibility for asylum and for withholding of removal by showing a nexus exists between the harm he allegedly suffered and fears suffering and either his religion or his pro-United National Party ("UNP") political opinion.
Fawzer argues that record evidence shows that Chandana made demeaning remarks about Muslims and also commented on Fawzer's UNP support while harming him. This evidence, however, does not compel the conclusion that Chandana was motivated to harm Fawzer for these reasons. As we have said in the past, "we cannot accept that any use of an ethnic slur perforce renders ethnicity the motivation for any concomitant infliction of harm" but must "allow the IJ to make a finding regarding the attackers' motivation, and uphold that finding where it is supported and absent compelling evidence to the contrary." Candra v. Gonzales, 219 F. App'x. 53, 55 (2d Cir. 2007) (summary order); see also Gonzales-Posadas v. Att'y Gen. of U.S., 781 F.3d 677, 686-87 (3d Cir. 2015) (record supported finding that homophobic slurs did not establish motive where other evidence, including petitioner's own statements, suggested that alleged persecutors wished to coerce petitioner into paying extortion or joining a gang); Parussimova v. Mukasey, 555 F.3d 734, 742 (9th Cir. 2009) (concluding that ethnic slur did not compel conclusion that ethnicity was a central motivating reason for attempted sexual assault). Here, as the BIA noted, Fawzer's own asylum statement affirmed that Chandana "kept returning to the central theme of asking sarcastically whether the respondent needed `the money back now.'" Certified Administrative Record ("CAR") at 4 (BIA Opinion); see Lie v. Ashcroft, 396 F.3d 530, 535 (3d Cir. 2005) (concluding that BIA's nexus decision was supported by substantial evidence where, even though alleged persecutors used ethnic slurs, "significant evidence support[ed] the conclusion that the attackers were motivated by money"). And even if a reasonable factfinder could have reached a determination different from the IJ's, this Court must uphold an administrative finding of fact as to motive unless a petitioner shows "that the evidence he presented was so compelling that no reasonable factfinder could fail to find the requisite fear of persecution" on the basis of a protected ground. INS v. Elias-Zacarias, 502 U.S. 478, 483-84 (1992).
For the foregoing reasons, the petition for review is DENIED. As we have completed our review, any stay of removal that the Court previously granted in this petition is VACATED, and any pending motion for a stay of removal in this petition is DISMISSED as moot. Any pending request for oral argument in this petition is DENIED in accordance with Federal Rule of Appellate Procedure 34(a)(2), and Second Circuit Local Rule 34.1(b).