Pak

Pak v. Holder

Good Law
352 F. App'x 167
United States Court of Appeals for the Ninth CircuitNovember 5, 2009No. 05-73438California544 words

Opinion

Lead Opinion

MEMORANDUM **

Lourth Pak petitions for review of the Board of Immigration Appeals’ (“BIA”) denial of withholding of removal and relief under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 . Because the parties are familiar with the factual and procedural history of this case, we need not recount it here.

I

We assume, as the parties have, that Pak demonstrated past persecution by the Khmer Rouge, entitling him to a presumption of a well-founded fear of future persecution. Even with that presumption, the evidence on the record was sufficient to allow a reasonable fact finder to conclude that Pak failed to show a clear probability of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. The government presented sufficient evidence that country conditions in Cambodia have changed to permit a conclusion that Pak’s “fear of future threat to life or freedom is unrelated to the past persecution,” 8 C.F.R. § 208.16 (b)(l)(iii), as the Khmer Rouge were unseated by the current government. Pak’s evidence that they continue to perpetrate acts of violence was not only several years old…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.