Hang Veng v. Eric H. Holder Jr.

MEMORANDUM

Hang Veng and his spouse, Sambath Chem, petition for review from the BIA’s denial of asylum, withholding of removal and relief under the Convention Against Torture (“CAT”). They sought relief on the basis of Veng’s political opinion and related association with an armed insurgent organization. We have jurisdiction under 8 U.S.C. § 1252 . We review factual findings for substantial evidence. Khan v. Holder, 584 F.3d 773, 776 (9th Cir.2009). We deny the petition for review.

Substantial evidence supports the BIA’s finding that Veng “engaged in a terrorist activity” within the meaning of 8 U.S.C. § 1182 (a)(3)(B)(i)(I) by “gathering] information” and providing “material support.” Seé 8 U.S.C. §§ 1182 (a)(3)(B)(iv)(III), (VI). An alien who has engaged in a terrorist activity is ineligible for asylum. 8 U.S.C. §§ 1158 (b)(2)(A)(v), 1227(a)(4)(B).

Additionally, substantial evidence supports the agency’s finding that there are reasonable grounds to believe that he poses a security threat to the United States, making him ineligible for withholding of removal pursuant to 8 U.S.C. § 1231 (b)(3)(B)(iv). Furthermore, because a subsection of that statute applies, denial of…