United States First Circuit

Petition for review of a denial of an application for asylum, withholding of removal, and protection under the United Nations Convention Against Torture is denied where the BIA did not engage in de novo factfinding when it concluded that the petitioner had not suffered past persecution since the IJ had implicitly resolved the issue, and the BIA did not supplement the record by considering new evidence but merely analyzed the evidence that had been presented in the immigration court.

Appellate Information

• Decided 02/08/2008
• Published 02/08/2008

Judges

• SELYA, Senior Circuit Judge., Before BOUDIN, Chief Judge, SELYA, Senior Circuit Judge, and GELPÍ, District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Wei Jia and Law Office of Wei Jia on brief for petitioner.


• For Appellees:
  
• Peter D. Keisler, Assistant Attorney General, Civil Division, Terri J. Scadron, Assistant Director, Office of Immigration Litigation, and Corey L. Farrell, Trial Attorney, Office of Immigration Litigation, on brief for respondent.