Anthony Leslie De Vos v. Eric Holder, Jr.
Opinion
Opinion
MEMORANDUM
Petitioner Anthony De Vos was placed in removal proceedings and filed applications for asylum, withholding of removal and protection under the Convention Against Torture (CAT). In 2002, the IJ entered an adverse credibility finding against De Vos and denied his applications. The BIA affirmed, and we denied his petition for review. De Vos v. Gonzales, 140 Fed.Appx. 709 (9th Cir.2005). In 2010, De Vos filed a motion to reopen proceedings on the basis of changed country conditions in Sri Lanka, which the BIA denied. De Vos petitions for review of the BIA’s denial of his motion to reopen proceedings. We review for abuse of discretion. See Najmabadi v. Holder, 597 F.3d 983, 986 (9th Cir.2010).
De Vos argues that his proceedings should be reopened because failed asylum seekers are persecuted as a class in Sri Lanka. See 8 C.F.R. § 208.13 (b)(2). In support of this claim, De Vos points to two Amnesty International bulletins. The bulletins state that three Sri Lankan men were tortured after their forced return to Sri Lanka from Australia in 2009.
But the Amnesty bulletins don’t “compel the conclusion that there exists a pattern or practice of persecution against” former…