Chan

Chan v. Gonzales

Good Law
223 F. App'x 648
United States Court of Appeals for the Ninth CircuitFebruary 28, 2007No. 04-76296California427 words

Opinion

Lead Opinion

MEMORANDUM **

Kem Sopheatevy Chan, a native and citizen of Cambodia, petitions for review of *649 the decision by the Board of Immigration Appeals. 1 The BIA affirmed the Immigration Judge’s denial of Chan’s claims for withholding of removal under the Immigration and Nationality Act and relief under the Convention Against Torture. Although the BIA disagreed with one part of the IJ’s decision, we deny the petition because we affirm the BIA’s and the IJ’s finding that Chan failed to demonstrate a likelihood of persecution or torture in Cambodia.

Chan raised three arguments before this Court. First, Chan claimed the IJ erred by finding her an “aggravated felon.” Second, Chan asserted the document notifying her that removal proceedings would be initiated against her because of her previous criminal convictions did not meet the requirements for due process. Third, Chan argued that the IJ disregarded the evidence presented that she would be persecuted and tortured if forced to return to her native Cambodia.

Chan’s first two arguments fail because Chan did not raise and exhaust these issues before the IJ and the BIA. In fact, at her preliminary hearing before the IJ, Chan, through her…

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