U.S. Court of Appeals for the Ninth Circuit, 2015

Seyun Kim v. Loretta E. Lynch

Seyun Kim v. Loretta E. Lynch
U.S. Court of Appeals for the Ninth Circuit · Decided September 23, 2015 · Christen, Friedland, Lemelle
617 F. App'x 789

Seyun Kim v. Loretta E. Lynch

Opinion

MEMORANDUM ***

Seyun Kim, a native and citizen of South Korea, petitions for review of a Board of Immigration Appeals decision dismissing his appeal from an immigration judge’s decision denying his application for withholding of removal. We deny the petition for review. “[FJorced conscription or punishment for evasion of military duty generally does not constitute persecution on account of a protected ground.” Movsisian v. Ashcroft, 395 F.3d 1095, 1097 (9th Cir. 2005). Kim has presented no “evidence that [he] would be singled out for severe disproportionate punishment for refusing to serve in the [South Korean] military.” Zehatye v. Gonzales, 453 F.3d 1182, 1188 (9th Cir. 2006); cf. id. at 1187 (citing cases involving examples of severe disproportionate punishment).

DENIED.

***

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

Case-law data current through December 31, 2025. Source: CourtListener bulk data.