Background
San Lin, a native and citizen of Burma, sought asylum, withholding of removal, and protection under the Convention Against Torture after being arrested at a student protest. He alleged being hit with a club, slapped, and forced to sign a pledge not to protest again. The Immigration Judge denied his applications, and the Board of Immigration Appeals summarily affirmed that decision.
The court’s reasoning
The panel reviewed the Immigration Judge’s decision for substantial evidence. The court found that the injuries Lin sustained did not rise to the level of past persecution because he required no medical attention. The record also showed Lin lived in Burma for nearly eleven years without further persecution, failing to establish a well-founded fear of future harm. Consequently, his asylum claim failed, and because withholding of removal requires a more stringent standard, that claim also failed. Finally, the court found no evidence that Lin was more likely than not to be tortured if returned to Burma.
What it means going forward
The petition for review is denied, leaving the Board of Immigration Appeals order in place and the petitioner subject to removal.