United States First Circuit

Petition for review of an order denying petitioner's request for withholding of removal is denied over claims that: 1) neither the BIA nor the IJ made an express finding about petitioner's past persecution; 2) the BIA and IJ misconceived the conceptual definition of "persecution" and "discrimination"; 3) the IJ read the State Department Country Reports so selectively as to run afoul the rule in Gomes v. Gonzales, 473 F.3d 746 (2007); and 4) the IJ's conduct violated petitioner's due process rights.

Appellate Information

• Decided 04/29/2008
• Published 04/29/2008

Judges

• SELYA, Senior Circuit Judge., Before TORRUELLA, Circuit Judge, SELYA, Senior Circuit Judge, and HOWARD, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• William A. Hahn and Hahn & Matkov on brief for petitioner.


• For Appellees:
  
• Jeffrey S. Bucholtz, Acting Assistant Attorney General, Civil Division, Terri J. Scadron, Assistant Director, Office of Immigration Litigation, and Kristina R. Sracic, Attorney, Office of Immigration Litigation, on brief for respondent.