La v. Holder, Jr., No. 12-1107 (8th Cir. 2012)
Annotate this CasePetitioner, a Cambodian citizen, petitioned for review of the BIA's order denying her claims for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). Petitioner requested asylum based upon her fear of political persecution in Cambodia where she belonged to the Sam Rainsy Party, an opposition party. The court held that petitioner failed to establish past and future persecution; the court rejected petitioner's argument that her confidentiality was breached when the Notice of Agreement and her husband's death certificate were shown to a Phnom Penh municipal official, raising an inference that she was seeking asylum; and petitioner's due process rights were not violated by the IJ's consideration of certain evidence submitted by the government. Accordingly, the court denied the petition for review.
Court Description: Petition for Review - immigration. Record does not compel conclusion of past persecution, as threats alone do not constitute persecution, beating was minor, and there was no evidence disappearance was politically related or effected by the government. Fear of future persecution was not objectively reasonable. Disclosure of notice of agreement and death certificate did not raise inference of asylum. Fifth Amendment due process clam lacked merit.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.