Miss

Miss v. Holder

Good Law
382 F. App'x 602
United States Court of Appeals for the Ninth CircuitJune 8, 2010No. 07-72526California673 words

Opinion

Lead Opinion

MEMORANDUM **

Mounir Miss, a native and citizen of Morocco, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to remand and dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence factual findings, Nagoulko v. INS, 333 F.3d 1012, 1015 (9th Cir.2003), and de novo claims of due process violations in removal proceedings, Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.2000). We review for abuse of discretion the denial of a motion to remand, Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir.2002), and the denial of a motion to continue, see Sandoval-Luna v. Mukasey, 526 F.3d 1243, 1246 (9th Cir.2008) (per curiam). We deny the petition for review.

Substantial evidence supports the BIA’s finding that petitioner failed to demonstrate the single beating he suffered from Muslim fundamentalists or the beatings he suffered from his father rose to the level of persecution, see Hoxha v. Ashcroft, 319 F.3d 1179, 1182 (9th Cir.2003), or were committed…

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