536 F. App'x 163

Narinn KEO, Petitioner, v. Eric H. HOLDER, Jr., United States Attorney General, Respondent.

No. 12-2610.

United States Court of Appeals, Second Circuit.

Oct. 31, 2013.

Narinn Keo, pro se.

Stuart F. Delery, Principal Deputy Assistant Attorney General; Jennifer Paisner Williams, Senior Litigation Counsel and Tiffany L. Walters, Trial Attorney, Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for Respondent.

PRESENT: ROBERTA. KATZMANN, Chief Judge, JON O. NEWMAN, RALPH K. WINTER, Circuit Judges.

SUMMARY ORDER

Petitioner Narinn Keo, a native and citizen of Cambodia, seeks review of a May 30, 2012, order of the BIA affirming the July 6, 2010, decision of an Immigration Judge (“IJ”), Jr., which denied Keo’s application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). In re Narinn Keo, No. [ AXXX XXX XXX ] (B.I.A. May 30, 2012), aff'g No. [ AXXX XXX XXX ] (Immig. Ct. Buffalo July 6, 2010). We assume the parties’ familiarity with the underlying facts and procedural history in this case.

We review the decision of the IJ as supplemented by the BIA. See Yan Chen v. Gonzales, 417 F.3d 268, 271 (2d Cir.2005). The applicable standards of review are well established. See 8 U.S.C. § 1252(b)(4)(B); Yanqin Weng v. Holder, 562 F.3d 510, 513 (2d Cir.2009).

As Keo does not challenge the agency’s finding that she failed to establish past persecution, she bears the burden of proving that her fear of persecution is well-founded or clearly probable by showing that she would be singled out individually for persecution or that there exists a pattern or practice of persecution of similarly situated individuals in Cambodia. Hongsheng Leng v. Mukasey, 528 F.3d 135, 142-43 (2d Cir.2008); accord 8 C.F.R. §§ 1208.13(b)(2), 1208.16(b)(2). Initially, we decline to take judicial notice of the articles referenced in Keo’s petition because they were not part of the administrative record. See 8 U.S.C. § 1252(b)(4)(A). Based on that record, the BIA reasonably determined that Keo failed to establish a pattern or practice of persecution because she pointed to no evi*164dence showing the persecution of similarly-situated individuals. See Hongsheng Leng, 528 F.3d at 142. Moreover, because Keo presented no evidence that anyone in Cambodia is currently looking for her or wishes her harm, her unsupported claim that she may be singled out for persecution is inadequate to establish eligibility for asylum or withholding of removal. See Jian Xing Huang v. U.S. INS, 421 F.3d 125, 128-29 (2d Cir.2005).

Keo also challenges the agency’s denial of CAT relief based on her mental anguish resulting from death threats she received in Cambodia. However, while the regulations governing CAT claims recognize that torture can encompass both physical and mental harm, Shi Liang Lin v. U.S. Dep’t of Justice, 494 F.3d 296, 332 n. 7 (2d Cir.2007) (en banc) (citing 8 C.F.R. § 1208.18(a)(4)), the agency did not err in concluding that Keo failed to meet her burden for CAT relief as she presented no evidence that she, in particular, would be singled out for torture by Cambodian government officials, i.e. see Mu Xiang Lin v. U.S. Dep’t of Justice, 432 F.3d 156, 160 (2d Cir.2005); Mu-Xing Wang v. Ashcroft, 320 F.3d 130, 143-44 (2d Cir.2003).

For the foregoing reasons, the petition for review is DENIED.

Keo v. Holder
536 F. App'x 163

Case Details

Name
Keo v. Holder
Decision Date
Oct 31, 2013
Citations

536 F. App'x 163

Jurisdiction
United States

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