Tan
Tan v. Ashcroft
Opinion
Lead Opinion
MEMORANDUM *
Petitioner Rong Wei Tan sought asylum, withholding of removal, and protection under the Convention Against Torture (CAT). An immigration judge (IJ) found him statutorily ineligible for asylum or withholding because he “ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion,” 8 U.S.C. §§ 1101 (a)(42), *124 1158(b)(2)(A)(i), & 1231(b)(3)(B)(i), and also found him ineligible for CAT relief. The Board of Immigration Appeals (BIA) affirmed with respect to asylum and withholding, but reversed with respect to, and granted, CAT relief. Tan petitions for review of the BIA’s determination that he is ineligible for asylum and withholding.
Tan had the burden of proving his status as a “refugee” under § 1101(a)(42). See Garcia-Martinez v. Ashcroft, 371 F.3d 1066, 1072 (9th Cir.2004). Once his asylum application and interview raised concerns about whether he was ineligible for refugee status because he had participated or assisted in persecution, he had the burden of proving that he had not done so. 8 C.F.R. §§ 1208.13 (a), (c).