On February 23, 2007 the Court of Appeals for the Ninth Circuit in San Francisco unanimously denied Mohiuddin’s petition for review of the deportation order against him. Below is the Court’s decision:
Mohiuddin A.K.M. Ahmed petitions for review of a Board of Immigration Appeals’ (BIA) order dismissing his appeal from an immigration judge’s (IJ) order denying asylum, withholding of removal, and protection under the Convention Against Torture (CAT). We have jurisdiction pursuant to 8 U.S.C. § 1252 and we deny the petition.
Ahmed is ineligible for asylum and withholding of removal for two reasons:
(1) because he engaged in terrorist activity, and (2) because he assisted or otherwise participated in the persecution of others on account of their political opinion. Even his own account of his actions established that he assisted or otherwise participated in the persecution of persons on account of their political opinion.
Ahmed failed to prove by a preponderance of the evidence that his in absentia murder trial and conviction in Bangladesh was fundamentally unfair and thus deprived him of due process of law. Therefore, the IJ properly relied on the conviction.
Substantial evidence supported the IJ’s and BIA’s denial of protection under the CAT. Ahmed did not present evidence so compelling that no reasonable factfinder could find that he would not be tortured if returned to Bangladesh.
[Emphasis added by me.]
Mohiuddin’s supporters have claimed that he was not given due process in Bangladesh and that he would be tortured in Bangladesh. However, he was able to convince neither the Court of Appeals nor the Board of Immigration Appeals of his claims. Having been duly convicted in a court of law in Bangladesh of assassination and murder, having exhausted all his appeals in Bangladesh, and having his petition denied by the Court of Appeals in the United States, Mohiuddin is now trying to spin a false story in the court of public opinion. His guilt has been proven beyond a reasonable doubt. His only recourse now is to play a victim to curry sympathy from the likes of Congressman Dana Rohrabacher.
It remains to be seen whether this killer and coward will be able to continue to evade justice.