Raiymkulov v. Bondi
24-2426
9th Cir.Mar 11, 2025Background
- Almazbek Raiymkulov, a citizen of Kyrgyzstan, sought withholding of removal and protection under the Convention Against Torture (CAT) after the IJ denied his applications.
- The BIA affirmed the IJ's decision, adopting the IJ’s adverse credibility findings against Raiymkulov.
- The court reviewed the BIA’s reasons and the IJ’s underlying logic, applying the substantial evidence standard to factual findings.
- The alleged persecution by Kyrgyzstan authorities was central to Raiymkulov’s claim, including claims of harm for speaking out against government corruption.
- Raiymkulov raised claims of legal error, due process violations, and faulty factual determinations, but some arguments were not properly raised or preserved for appeal.
- The Ninth Circuit denied Raiymkulov’s petition, upholding the BIA’s decision.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Adverse credibility | Testimony and statements were consistent and truthful | There were inconsistencies undermining credibility | Adverse credibility supported |
| Legal standards | BIA applied incorrect legal standards | No supporting analysis/argument—issue waived | Issue waived due to lack of argument |
| CAT protection | Faced a particularized threat of torture if returned | No compelling evidence of individualized threat | BIA's denial supported by record |
| Due process | Agency failed as neutral factfinder and ignored evidence | Issues unexhausted; not properly raised before BIA | Issues forfeited and not reviewed |
Key Cases Cited
- Dong v. Garland, 50 F.4th 1291 (9th Cir. 2022) (standard for reviewing BIA decisions adopting IJ reasoning)
- Rodriguez-Zuniga v. Garland, 69 F.4th 1012 (9th Cir. 2023) (substantial evidence review standard in withholding/CAT claims)
- Cruz Rendon v. Holder, 603 F.3d 1104 (9th Cir. 2010) (de novo review for due process claims)
- Li v. Garland, 13 F.4th 954 (9th Cir. 2021) (credibility assessment of asylum claims)
- Garcia v. Holder, 749 F.3d 785 (9th Cir. 2014) (credibility in asylum proceedings)
- Silva-Pereira v. Lynch, 827 F.3d 1176 (9th Cir. 2016) (importance of consistent testimony in establishing persecution)
- Zamanov v. Holder, 649 F.3d 969 (9th Cir. 2011) (same)
- Shrestha v. Holder, 590 F.3d 1034 (9th Cir. 2010) (adverse credibility determination criteria)
- Dhital v. Mukasey, 532 F.3d 1044 (9th Cir. 2008) (standards for CAT relief)