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Sok v. Mukasey

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Before Torruella, Lynch, Circuit Judges, and Tashima, *fn1 Senior Circuit Judge.

Sopheap Sok overstayed her visitor’s visa to the United States. More than one year after entry, she applied for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”), alleging that she had suffered persecution in her native Cambodia and feared future persecution on account of her political beliefs. The immigration judge (“IJ”) dismissed her asylum claim as untimely, and denied the withholding and CAT claims on the merits. The Board of Immigration Appeals (“BIA”) affirmed and ordered Sok removed. Sok now petitions this court for review of the denial of her withholding and CAT claims. We deny her petition with respect to the CAT claim. However, because the BIA and IJ gave a legally insufficient explanation of why Sok failed to prove that she suffered past persecution in Cambodia, we grant the petition with respect to the withholding claim, vacate the BIA’s order of removal, and remand the case for further proceedings.

I. Background

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