Muminov v. Garland


Case: 20-60527 Document: 00516264458 Page: 1 Date Filed: 04/01/2022 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED April 1, 2022 No. 20-60527 Lyle W. Cayce Clerk Sanjar Muminov, Petitioner, versus Merrick Garland, U.S. Attorney General, Respondent. Petition for Review of an Order of the Board of Immigration Appeals BIA No. A201 665 663 Before Owen, Chief Judge, and Higginbotham and Elrod, Circuit Judges. Per Curiam:* Sanjar Muminov, a native and citizen of Uzbekistan, challenges an order by the Board of Immigration Appeals (BIA) rejecting his claims for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). We DENY the petition for review. * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. Case: 20-60527 Document: 00516264458 Page: 2 Date Filed: 04/01/2022 No. 20-60527 I Muminov entered the United States without authorization in 2019. The Department of Homeland Security (DHS) issued Muminov a Notice to Appear charging that he was subject to removal. Muminov expressed concerns about removal and was referred to an immigration officer for a credible-fear interview. Muminov then appeared before an immigration judge (IJ) for a hearing. He conceded his removability and applied for asylum, withholding of removal, and CAT relief. During the hearing, Muminov testified about a series of attacks and harassment that he allegedly endured. While living in Uzbekistan, in 2008, Muminov said that he was assaulted by his wife’s ex-husband, Sanjar Norimkulov, and two of Norimkulov’s friends. Muminov claimed that Norimkulov is a prosecutor and that his two friends also worked in law enforcement. The attackers allegedly told Muminov that he should not have married his wife. Muminov said that they beat him and stabbed him in the back with a broken bottle. A bystander called the police, who allegedly released the attackers but imprisoned Muminov for three days. After the attack, Muminov testified, he fled to Moscow with his wife and lived there for eight years. During that time, the couple had two children. Muminov allegedly paid for a work permit and started a delivery business with his wife. Muminov said that it was difficult to live in Russia as an Asian man. He claimed that he could not operate his business in his own name but rather relied on two Russian business partners, who allegedly stole profits from the business, beat him up twice, and told him to leave Moscow. He said that he was required to pay a recurring fee to the police to live in Moscow. Muminov also testified that he had been a victim of crime in Russia. He claimed that he had two cars stolen while he was in Moscow. When he complained about the theft, the police allegedly investigated him. He 2 Case: 20-60527 Document: 00516264458 Page: 3 Date Filed: 04/01/2022 No. 20-60527 reported that Russian nationalists attacked him in the subway …

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