United States First Circuit

Petition for review of an order denying asylum, withholding of removal, and protection under the Convention Against Torture is denied where: 1) inadequate transcription of plaintiff's hearing before the IJ is not prejudicial, as the missing information could reasonably be recreated; 2) plaintiff's asylum application was filed more than ten years after his entry and no exceptions apply to excuse the untimeliness; and 3) withholding of removal was properly denied as plaintiff failed to meet his burden of proving that he would more likely than not face religious persecution upon return to his home country.

Appellate Information

• Decided 03/27/2009
• Published 03/27/2009

Judges

• HOWARD, Circuit Judge., Before BOUDIN, LIPEZ and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

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


• For Appellees:
  
• Gregory G. Katsas, Assistant Attorney General, Civil Division, Cindy Ferrier, Senior Litigation Counsel and Michele Y.F. Sarko, Attorney, Office of Immigration Litigation, Civil Division, United States Department of Justice for respondent.