descrybe logo
You are viewing a free summary from Descrybe.ai. For citation checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.

Goundar v. Holder

Citation: 320 F. App'x 573Docket: Nos. 03-74074, 04-73158, 04-70930, 07-71611

Court: Court of Appeals for the Ninth Circuit; March 24, 2009; Federal Appellate Court

EnglishEspañolSimplified EnglishEspañol Fácil
Anand Krishna Goundar, a citizen of Fiji, petitions for review of multiple decisions by the Board of Immigration Appeals (BIA) concerning his asylum application and motions related to his immigration status. The jurisdiction for this review is established under 8 U.S.C. § 1252. The court reviews the BIA's factual findings for substantial evidence and the denial of motions to reopen or reconsider for abuse of discretion.

1. **Petition No. 03-74074**: Goundar's asylum claim, based on attacks by native Fijians due to disputes with his ex-wife, was denied. The BIA found these attacks to be personal disputes, which do not qualify for asylum protection based on precedent. Goundar did not contest the denial of his withholding of removal claim, resulting in waiver of that issue. The court lacks jurisdiction to consider his claims for relief under the Convention Against Torture (CAT) due to failure to exhaust administrative remedies.

2. **Petition No. 04-70930**: The BIA's denial of Goundar's first motion to reopen was upheld, as he did not present an approved visa petition and the motion was opposed by the government.

3. **Petition No. 04-73158**: Goundar's motion to reconsider was denied by the BIA for not identifying any errors in prior decisions.

4. **Petition No. 07-71611**: The BIA did not abuse its discretion in denying Goundar's motion to reopen, which was based on general articles about political unrest in Fiji that lacked specific relevance to his situation.

The court denied and dismissed the petitions as follows: No. 03-74074 (in part and dismissed in part), No. 04-70930 (denied), No. 04-73158 (denied), and No. 07-71611 (denied). Goundar's request to accept a new brief was denied, with the brief considered only for the relevant petition. This decision is not designated for publication and does not serve as precedent, except as allowed by 9th Cir. R. 36-3.