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Seng v. Holder

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Before Boudin, Selya and Dyk, *fn1 Circuit Judges.

The petitioner, Sovannary Seng, a Cambodian national, seeks judicial review of a final order of the Board of Immigration Appeals (BIA). That order mandated her removal from the United States while at the same time denying her cross-application for asylum, withholding of removal, and protection under the United Nations Convention Against Torture (CAT). Concluding, as we do, that the petitioner’s arguments lack force, we deny the petition.

The facts are uncomplicated, albeit disputed in important respects. The petitioner lawfully entered the United States on June 1, 2002, by means of a four-month visitor’s visa. She overstayed and, on May 23, 2003, filed an application for asylum that cited a fear of persecution on account of her political affiliation. The Department of Homeland Security rejected her application and served her with a notice to appear, charging that she was subject to removal pursuant to 8 U.S.C. § 1227(a)(1)(b) because she had remained in the United States longer than permitted.

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