Celestin

Celestin v. Holder

Good Law
489 F. App'x 201
United States Court of Appeals for the Ninth CircuitDecember 24, 201206-73812California535 words

Opinion

Opinion

MEMORANDUM

Petitioner John Celestin, a native and citizen of Haiti, seeks review of an order from the Board of Immigration Appeals (“BIA”) dismissing Celestin’s appeal from an immigration judge’s (“IJ”) denial of his application for asylum, withholding of re moval, and protection under the Convention Against Torture (“CAT”). Where the BIA adopts and affirms the IJ’s order under Matter of Burbano, 20 I. & N. Dec. 872, 874 (BIA 1994), and expresses no disagreement with the IJ’s decision, this court reviews the IJ’s order as if it were the BIA’s. Abebe v. Gonzales, 432 F.3d 1037, 1040-41 (9th Cir.2005) (en banc). This court reviews legal questions de novo and factual findings under the “substantial evidence standard, treating them as ‘conclusive unless any reasonable adjudicator would be compelled to conclude to the contrary.’ ” Lopez-Cardona v. Holder, 662 F.3d 1110, 1111 (9th Cir.2011) (quoting 8 U.S.C. § 1252 (b)(4)(B)). This court reviews a denial of asylum, withholding of removal, or protection under CAT for substantial evidence. Sinha v. Holder, 564 F.3d 1015, 1020, 1025 (9th Cir.2009). We have jurisdiction under 8 U.S.C. § 1252 (a), and we deny the petition for…

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