Miliace

Miliace v. Mukasey

Good Law
272 F. App'x 602
United States Court of Appeals for the Ninth CircuitMarch 28, 2008No. 04-70909California398 words

Opinion

Lead Opinion

MEMORANDUM **

Obergo Miliace, a native and citizen of Haiti, applied for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). The Board of Immigration Appeals (“BIA”) affirmed an order of the Immigration Judge (“IJ”) denying relief on all grounds. Pursuant to Matter of Burbano, 20 I. & N. Dec. 872, 874 (BIA 1994), the BIA adopted the IJ’s conclusion that Miliace failed to show he was persecuted or would be persecuted on account of his pro-Aristide political opinion. The BIA also concluded that errors in transcription did not deny Miliace due process. Miliace petitions for review of his asylum and due process claims. He does not seek review of his withholding and CAT claims.

Substantial evidence supports the IJ’s conclusion that Miliace failed to show he suffered or would suffer persecution on account of his political beliefs. See Sangha v. INS, 103 F.3d 1482, 1486 (9th Cir. 1997); see also Abebe v. Gonzales, 432 F.3d 1037, 1039 (9th Cir.2005) (en banc) (holding that when the BIA adopts the decision of the IJ, this court reviews the IJ’s decision). Miliace, an Aristide supporter, was shot in the arm as a large and violent anti-Aristide…

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