Mburu

Mburu v. Holder

Good Law
337 F. App'x 726
United States Court of Appeals for the Ninth CircuitJuly 22, 2009No. 07-74733California392 words

Opinion

Lead Opinion

*728 MEMORANDUM **

Patrick Mburu, a native and citizen of Kenya, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an 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 deny the petition for review.

The facts of the case are known to the parties, and we do not repeat them below.

Mburu argues that the IJ’s decision contains numerous legal and factual errors. The BIA, however, “conducted its own review of the evidence and law rather than simply adopting the immigration judge’s decision. Accordingly, our review is limited to the BIA’s decision, except to the extent the IJ’s opinion is expressly adopted.” Hosseini v. Gonzales, 471 F.3d 953, 957 (9th Cir.2006) (internal quotation marks omitted).

To the extent Mburu argues that the BIA’s decision contains the same errors, his argument lacks merit. Substantial evidence supports the BIA’s finding that Mburu did not suffer harm rising to the level of past persecution on account of a protected ground. “Persecution is an extreme concept that means something considerably…

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