LY v. MUKASEY

No. 07-2186.

524 F.3d 126 (2008)

Sitha LY, Petitioner, v. Michael B. MUKASEY, United States Attorney General, Respondent.

United States Court of Appeals, First Circuit.

Decided April 24, 2008.


Attorney(s) appearing for the Case

Nairi M. Simonian, Trial Attorney, Jeffrey S. Bucholtz, Acting Assistant Attorney General, and Michelle Gorden Latour, Assistant Director, on brief for respondent.

Joseph A. MacDonald, on brief for petitioner.

Before LIPEZ and HOWARD, Circuit Judges, and DiCLERICO, JR., District Judge.


DiCLERICO, District Judge.

Sitha Ly, a native of Cambodia, applied for asylum and withholding of removal and sought protection under the Convention Against Torture ("CAT"). The Immigration Judge ("IJ") found that Ly's asylum application was untimely, that Ly was not credible, and that even if her testimony were credited, she had not shown that it was more likely than not that she would be persecuted or subjected to torture in Cambodia. The Board of Immigration Appeals...

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