Pak
Pak v. Holder
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…