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United States First Circuit


Kho v. Gonzales, 06-2306

Petition for review of a denial of an application for withholding of removal is denied where: 1) the court rejects the Ninth Circuit's "disfavored group" analysis; 2) there is no compelling evidence that the BIA erred in finding no pattern or practice of persecution; 3) aliens are not entitled to a presumption of credibility on review in courts of appeal if there is no express credibility determination made by an IJ; 4) the BIA explicitly addressed the issue of past persecution and provided an adequate basis with which to review its decision; and 5) substantial evidence in the record supported the BIA's finding of no past persecution and its reading of the country conditions reports.

Appellate Information

  • Decided 10/16/2007
  • Published 10/16/2007

Judges

  • LYNCH, Circuit Judge., Before BOUDIN, Chief Judge, LYNCH, Circuit Judge, and SCHWARZER, District Judge.

Court

  • United States First Circuit

Counsel

  • For Appellant:
  • William A. Hahn, on brief, for petitioner.

  • For Appellees:
  • Jason Xavier Hamilton, Attorney, Office of Immigration Litigation, Peter D. Keisler, Acting Attorney General, and James A. Hunolt, Senior Litigation Counsel, Office of Immigration Litigation, on brief, for respondent.
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