United States v. 2020-10-08 | 19-72561 | SATBAY KYDYRALI V. WILLIAM BARR | nonprecedential | memorandum disposition |

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT

SATBAY KYDYRALI,
Petitioner,
v.
WILLIAM P. BARR, Attorney General,
Respondent.
No. 19-72561
Agency No. A215-672-390
MEMORANDUM
*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 5, 2020
**
Pasadena, California
Before: KLEINFELD, HURWITZ, and BRESS, Circuit Judges.
Satbay Kydyrali claims the Board of Immigration Appeals erred by finding a
lack of nexus between any harm he suffered and a protected ground as required by
8 U.S.C. §§ 1101(a)(42)(A), 1158(b)(1)(A) for asylum and 8 U.S.C.
§ 1231(b)(3)(A) for withholding of removal. Substantial evidence supports the
FILED
OCT 8 2020
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
* *
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).

Board’s determination that any persecution Kydyrali may have suffered resulted
from a business dispute, not his political opinion. Purely personal retribution is not
persecution for a political opinion. Grava v. INS, 205 F.3d 1177, 1181 n.3 (9th
Cir. 2000).
Kydyrali also claims that the Board erred in denying his application for
relief under the Convention Against Torture (CAT). To qualify for CAT relief, the
petitioner bears the burden of establishing that he will more likely than not be
tortured with the consent or acquiescence of a public official if removed to his
native country. Xochihua-Jaimes v. Barr, 962 F.3d 1175, 1183 (9th Cir. 2020).
Past torture is a relevant factor in determining whether a petitioner will be tortured
in the future. 8 C.F.R. § 1208.16(c)(3). Kydyrali does not claim he has been
tortured, and substantial evidence supports the Board’s conclusion that Kydyrali
has not shown that, more likely than not, he will be tortured by the government of
Kazakhstan or with its consent upon returning to Kazakhstan.
The petition for review is DENIED.
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