Johns

MEMORANDUM *

Sam Johns petitions for review from the Board of Immigration Appeals’ (“BIA”) summary affirmance of an immigration judge’s (“IJ”) denial of his application for asylum and withholding of removal. We deny the petition for review. Because the parties are familiar with the factual and procedural history of this case, we need not recount it here.

Because the BIA did not conduct a de novo review of the case, we review the IJ’s decision. Alaelua v. INS, 45 F.3d 1379, *158 1381-82 (9th Cir.1995). We review factual determinations for “substantial evidence,” INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992), and afford legal determinations deference so long as they do not conflict with circuit precedent, Melkonian v. Ashcroft, 320 F.3d 1061, 1065 (9th Cir.2003). Because the IJ made no explicit credibility finding, we treat petitioner’s testimony as true for purposes of this appeal. Kataria v. INS, 232 F.3d 1107, 1113 (9th Cir.2000).

I

Substantial evidence supports the IJ’s finding that Johns was barred from asylum and withholding of removal because he participated in a firing squad that summarily executed a Karen prisoner of war. “The term…