Gurung

MEMORANDUM **

Gurung Bahadur Gurung (Gurung), a native and citizen of Nepal, petitions for review of the Board of Immigration Appeals’ (BIA) decision summarily affirming the immigration judge’s (IJ) denial of his application for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). We have jurisdiction under 8 U.S.C. § 1252 (a). When, as here, the BIA summarily affirms the IJ’s decision without opinion, the IJ’s decision constitutes the final agency determination. Halaim v. INS, 358 F.3d 1128, 1131 (9th Cir.2004). We have carefully reviewed that decision and the evidence in this case, and we deny Gurung’s petition for review.

We need not determine whether substantial evidence supports the IJ’s adverse credibility determination regarding Gurung’s experiences with the Maoists. As discussed below, even if Gurung’s testimony is fully credited, he is still not eligible for asylum, withholding of removal, or CAT relief. Likewise, Gurung’s due process rights were not violated because he was not prejudiced by the IJ’s and BIA’s failure to consider the New Yorker article, which supported Gurung’s testimony that the Maoists do give receipts. See…