Hong Kien Co. v. Mukasey

MEMORANDUM **

Hong Kien Co, a native and citizen of Vietnam, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his applications for withholding of removal and relief under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . Fernandez-Ruiz v. Gonzales, 468 F.3d 1159, 1163 (9th Cir.2006). We review de novo questions of law, Vasquez-Zavala v. Ashcroft, 324 F.3d 1105, 1107 (9th Cir.2003), and we review for substantial evidence the factual determinations underlying a denial of CAT relief, Lemus-Galvan v. Mukasey, 518 F.3d 1081, 1084 (9th Cir.2008). We deny in part and dismiss in part the petition for review.

Co’s contention that his refugee status was not properly terminated is foreclosed by Kaganovich v. Gonzales, 470 F.3d 894, 898 (9th Cir.2006) (“an alien who arrives in the United States as a refugee may be removed even if refugee status has never been terminated”).

A reasonable factfinder would not be compelled to reverse the agency’s denial of CAT relief because Co has not shown that it is more likely than not that he would be tortured if returned to Vietnam.…