Van Nguyen v. Immigration & Naturalization Service
Docket: No. 98-71489, A71-782-202
Court: Court of Appeals for the Ninth Circuit; February 21, 2001; Federal Appellate Court
Dung Van Nguyen, a native and citizen of Laos and Vietnam, petitions for review of the Board of Immigration Appeals (BIA) decision that upheld an immigration judge's denial of his asylum request and withholding of deportation. Nguyen argues that the BIA erred in finding that he did not establish past persecution or a well-founded fear of future persecution based on his anti-Communist beliefs, a three-year period of part-time forced labor for the Laotian government, his Vietnamese heritage, and his father's anti-government views. The BIA's determination that Nguyen failed to show past persecution is supported by substantial evidence. Although Nguyen testified about forced labor from 1978 to 1982, he did not claim it was part of a reeducation camp, nor did he link his father's imprisonment to his own experiences. While the immigration judge found Nguyen credible in his subjective fear of future persecution, the BIA concluded that this fear lacked an objective basis. Nguyen admitted to not participating in political organizations or publicly expressing his beliefs, and he acknowledged living a normal life as a tailor in Laos from 1982 to 1990. His assertion of potential persecution based on Vietnamese heritage is undermined by the fact that his family continues to live in Laos without persecution. Nguyen's failure to meet the asylum standard also affects his eligibility for withholding of deportation. Furthermore, he raised a new claim regarding violations of Article 3 of the United Nations Convention Against Torture on appeal. However, this claim is not properly before the court due to the timing of his final deportation order and can only be addressed through a motion to reopen proceedings with the BIA. The court has stayed the mandate for ninety days to allow him to file such a motion. The petition is ultimately denied, with the disposition not intended for publication.