Singh

Heang Ea v. Holder

Good Law
358 F. App'x 837
United States Court of Appeals for the Ninth CircuitDecember 23, 200906-72831California253 words

Opinion

Opinion

Heang Ea and Malin Tang, his former wife, and natives and citizens of Cambodia, petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s (“IJ”) decision denying their applications for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence findings of fact, Chebchoub v. INS, 257 F.3d 1038, 1042 (9th Cir.2001), and we deny the petition for review.

The record does not compel the conclusion that petitioners established extraordinary circumstances excusing their untimely filed asylum application. See 8 C.F.R. § 1208.4 (a)(5); Ramadan v. Gonzales, 479 F.3d 646, 657-58 (9th Cir.2007) (per curiam). As a result, petitioners’ asylum claim fails.

Petitioners’ asylum application omitted that they were attacked by members of the ruling party in Cambodia while on Ea’s motorcycle. Because this is the most serious instance of alleged persecution, substantial evidence supports the agency’s adverse credibility determination. See Li v. Ashcroft, 378 F.3d 959, 962 (9th Cir.2004). Accordingly, petitioners’ withholding…

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