Aris v. Ashcroft
Opinion of the Court
SUMMARY ORDER
Petitioner Herlim Aris seeks review pursuant to 8 U.S.C. § 1252 of an October 1, 2002 order of the Board of Immigration Appeals (“BIA”) affirming without opinion an October 11, 2001 decision by an immigration judge (“IJ”) that denied Aris’s applications for asylum, withholding of removal, and relief under the United Nations Convention Against Torture (“CAT”). Where the BIA has affirmed without opinion, we review the IJ opinion directly. See Secaida-Rosales v. INS, 331 F.3d 297, 305 (2d Cir. 2003). On appeal, Aris argues that the IJ erred in finding that he had failed to demonstrate either past persecution or a well-founded fear of future persecution as a Sino-Indonesian Christian.
We note initially that the permanent provisions of IIRIRA
Upon review of the record, we find that substantial evidence supports the IJ’s determination that Aris did not have a well-founded fear of persecution. It was rea
Because Aris failed to sustain an asylum claim, he necessarily failed to meet his greater burden of proof on his withholding of removal claim. Chen, 344 F.3d at 275. He also cannot show that it is “more likely than not” that he will be subject to torture upon his return, and thus cannot properly claim relief under CAT. Wang v. Ashcroft, 320 F.3d 130, 133-34 (2d Cir. 2003).
We have carefully considered all of petitioner’s contentions and find them to be without merit. Therefore, the petition is DENIED and the decision of the Board of Immigration Appeals is hereby AFFIRMED.
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (''IIRIRA”), Pub.L. No. 104-208, 110 Stat. 3009.
Reference
- Full Case Name
- Herlim ARIS v. John ASHCROFT, Attorney General
- Status
- Published