Seung Kon Lee v. Ashcroft

Good Law
98 F. App'x 634
United States Court of Appeals for the Ninth CircuitMay 12, 2004No. 03-72055California535 words

Opinion

Lead Opinion

MEMORANDUM **

Seung Kon Lee, a native and citizen of South Korea, petitions pro se for review of the decision of the Board of Immigration *636 Appeals (“BIA”) summarily affirming the immigration judge’s (“IJ”) denial of asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, Gonzalez-Hernandez v. Ashcroft, 336 F.3d 995, 998 (9th Cir.2003), and deny the petition for review.

Even if Lee could establish past persecution based on his brief detentions and mistreatment by the police in the 1980’s, substantial evidence supports the IJ’s determination that there has been a fundamental change in circumstances such that Lee no longer has a well-founded fear of future persecution by the South Korean authorities. See id. at 997 ; see also 8 C.F.R. § 1208.13 (b)(1)(i)(A). Moreover, Lee’s evidence does not compel a finding that he is eligible for a humanitarian grant of asylum based on the severity of the past harm. See Belayneh v. INS, 213 F.3d 488, 491 (9th Cir.2000); see also 8 C.F.R. § 1208.13 (b)(1)(iii).

Lee’s past and feared harm by a criminal gang bears no nexus to a…

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