In Thayalan v. Att’y Gen., a native Sri Lankan, who had illegally entered the U.S., petitioned for review of his order of removal. He sought asylum and withholding of removal under the Immigration and Nationality Act. On appeal, he contended that the immigration judge’s (IJ) determination that his treatment in Sri Lanka did not rise to the level of past persecution contravened the Third Circuit precedent and that substantial evidence did not support the IJ’s determination about what motivated the Eelam People’s Democratic Party of Sri Lanka’s extortion efforts. The Third Circuit disagreed with both claims and dismissed the petition.
