A three-judge panel of the United States Court of Appeals for the Fifth Circuit has refused to review a decision in which the Board of Immigration Appeals (BIA) denied an Ismaili Muslim’s petition for withholding of removal on the grounds of religious persecution. The case (Fifth Circuit docket number 09-60237) involves the REAL ID Act of 2005 and two federal statutes, 8 U.S.C. § 1231 and 8 U.S.C. § 1158.
The panel’s written opinion, which was filed on November 19, 2009, reveals that Abbas Shaikh is a citizen of India and an Ismaili Muslim. The opinion goes on to state that Mr. Shaikh entered the United States in November 2000 and overstayed his non-immigrant visitor authorization. In order to avoid removal from the U.S. back to India, Mr. Shaikh claimed that he feared persecution from Shiv Sena, a Hindu nationalist organization, based on his status as an Ismaili Muslim. ::: MORE HERE:::