Htun v. Lynch, No. 15-9533 (10th Cir. 2016)Annotate this Case
Petitioner Kyaw Myat Htun was a citizen of Burma who has lived in the United States for several years and sought asylum and other forms of relief that would allow him to remain in the country. The immigration judge (IJ) initially granted Htun’s asylum application but later reopened the removal proceedings and denied the application. Based on newly discovered evidence, the IJ concluded Htun lacked credibility and the circumstances did not warrant an exercise of discretion in favor of Htun’s application. The Board of Immigration Appeals (BIA) affirmed the IJ’s ruling and dismissed Htun’s appeal. Htun petitioned the Tenth Circuit Court of Appeals for review of the BIA’s decision. Finding "substantial evidence supporting the BIA's decision that Mr. Htun is not eligible for withholding of removal," the Tenth Circuit affirmed the Board's decision.