Hang Veng v. Eric H. Holder Jr.

U.S. Court of Appeals for the Ninth Circuit
Hang Veng v. Eric H. Holder Jr., 515 F. App'x 653 (9th Cir. 2013)

Hang Veng v. Eric H. Holder Jr.

Opinion

MEMORANDUM ***

Hang Veng and his spouse, Sambath Chem, petition for review from the BIA’s denial of asylum, withholding of removal and relief under the Convention Against Torture (“CAT”). 1 They sought relief on the basis of Veng’s political opinion and related association with an armed insurgent organization. We have jurisdiction under 8 U.S.C. § 1252. We review factual findings for substantial evidence. Khan v. Holder, 584 F.3d 773, 776 (9th Cir. 2009). We deny the petition for review.

Substantial evidence supports the BIA’s finding that Veng “engaged in a terrorist activity” within the meaning of 8 U.S.C. § 1182(a)(3)(B)(i)(I) by “gathering] information” and providing “material support.” Seé 8 U.S.C. §§ 1182(a)(3)(B)(iv)(III), (VI). An alien who has engaged in a terrorist activity is ineligible for asylum. 8 U.S.C. §§ 1158(b)(2)(A)(v), 1227(a)(4)(B).

Additionally, substantial evidence supports the agency’s finding that there are reasonable grounds to believe that he poses a security threat to the United States, making him ineligible for withholding of removal pursuant to 8 U.S.C. § 1231(b)(3)(B)(iv). Furthermore, because *654 a subsection of that statute 2 applies, denial of withholding of removal under CAT is required. 8 C.F.R. § 1208.16(d)(2).

Finally, substantial evidence also supports the BIA’s determination that Veng failed to show that even as a former member of an insurgent organization, he is “more likely than not” to be tortured if removed to the designated country. See 8 C.F.R. § 1208.17(a). Thus, Veng is also ineligible for deferral of removal under CAT. Id; Haile v. Holder, 658 F.3d 1122, 1130-31 (9th Cir. 2011).

PETITION FOR REVIEW DENIED.

***

disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

1

. Chem seeks review as the derivative beneficiary of Veng’s claim and did not file a separate application. Therefore, our denial of Veng’s petition necessarily forecloses the potential for relief on her claim.

2

. Known interchangeably as 8 U.S.C. § 1231(b)(3)(B) and INA § 241(b)(3)(B).

Reference

Full Case Name
HANG VENG; Sambath Chem, Petitioners, v. Eric H. HOLDER, Jr., Attorney General, Respondent
Status
Unpublished