Thi Van Bui v. Ashcroft

MEMORANDUM **

Thi Van Bui (“Bui”), a native and citizen of Vietnam, petitions for review of a final opinion and order of the Board of Immigration Appeals (“BIA”) affirming the Immigration Judge’s (“IJ’s”) denial of his application for asylum, withholding of removal, and protection under the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (“CAT”).

Bui advances three arguments: (1) that the IJ erred in finding Bui ineligible for asylum on the ground that Bui was convicted of a “particularly serious crime”; (2) that the BIA erred in concluding that Bui was ineligible for asylum because he had not met his burden of proving a well-founded fear of persecution; and (3) that Bui is entitled to withholding of deportation or protection under the CAT because he established a clear probability of persecution. We have jurisdiction under 8 U.S.C. § 1252 (a)(1), and we address each of Bui’s contentions in turn.

First, we will not review the IJ’s determination that Bui was convicted of a “particularly serious crime” because the BIA declined to reach that issue and affirmed the IJ’s decision only “insofar as he determined that [Bui] failed…