Vantha Pheng v. Eric H. Holder, Jr., Attorney General

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Before Lynch, Chief Judge, Torruella and Thompson, Circuit Judges.

LYNCH, Chief Judge. A Cambodian woman, Vantha Pheng, petitions for review of the denial of her applications for asylum, withholding of removal (WOR), and relief under the Convention Against Torture (CAT). We will assume familiarity with the standards for granting such relief from removal and with the deferential substantial evidence standard of judicial review, under which we will reverse the decision of the Board of Immigration Appeals (BIA) only if “a ‘reasonable adjudicator would be compelled to conclude to the contrary.’” Castillo-Diaz v. Holder, 562 F.3d 23, 26 (1st Cir. 2009) (quoting 8 U.S.C. § 1252(b)(4)(B)). We review the decision of the BIA and “those portions of the [Immigration Judge]‘s opinion that the BIA has adopted.” Romilus v. Ashcroft, 385 F.3d 1, 5 (1st Cir. 2004).

Pheng entered the United States on a six-month visitor visa in December 2002, and in June 2004 was issued a Notice to Appear for overstaying that visa. Before an Immigration Judge (IJ), she conceded removability and pursued an application she had filed in October 2003 for asylum, WOR, and CAT relief. Previously, in 2000, Pheng had attempted to enter the United States using a false photo-substituted passport and visa. She was interviewed at the Newark airport, but she refused to reveal her true identity and stated that she had no fear of returning to Cambodia. She was removed subject to an order of expedited removal. Pheng failed to disclose this information on her 2003 asylum application and initially lied about it at her asylum hearing.*fn1

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