Myint

Myint v. Mukasey

Good Law
256 F. App'x 163
United States Court of Appeals for the Ninth CircuitNovember 28, 2007No. 04-72416California739 words

Opinion

Lead Opinion

*164 MEMORANDUM ****

UPho Myint (“Myint”) challenges the Immigration Judge’s (“IJ”) holding, and the Board of Immigration Appeals’ (“BIA”) subsequent affirmance, that Myint failed to demonstrate statutory eligibility for asylum based on either past or future persecution, withholding of removal, and relief under the Convention Against Torture (“CAT”).

Because the BIA summarily affirmed the IJ’s decision, we review the IJ’s decision as the final agency determination. Nuru v. Gonzales, 404 F.3d 1207, 1215 (9th Cir.2005). An IJ’s interpretation of legal questions is reviewed de novo. Id. Factual findings are reviewed for substantial evidence. Id. “To reverse the IJ’s finding, we ‘must find that the evidence not only supports that conclusion, but compels it[.]’ ” Nahrvani v. Gonzales, 399 F.3d 1148, 1151 (9th Cir.2005) (quoting INS v. Elias-Zacarias, 502 U.S. 478 , 481 n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992)).

The IJ’s determination that Myint did not suffer past persecution is supported by substantial evidence. Myint is a citizen of Myanmar, formerly known as Burma, who, until his departure to the United States in 1992, lived in a region where the ethnic rebel group, the Karen,…

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