Kyung Rok Min v. ERIC H. HOLDER, Jr., Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
KYUNG ROK MIN,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 13-70114
Agency No. A089-168-889
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 18, 2014**
Before: LEAVY, FISHER, and N.R. SMITH, Circuit Judges.
Kyung Rok Min, a native and citizen of South Korea, petitions for review of
the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an
immigration judge’s decision denying his application for asylum, withholding of
removal, and protection under the Convention Against Torture (“CAT”). We have
jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence factual
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
NOV 28 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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findings, Ayala v. Holder, 640 F.3d 1095, 1097 (9th Cir. 2011) (per curiam), and we
deny the petition for review.
The record does not compel the conclusion that Min established extraordinary
circumstances to excuse his untimely asylum application. See 8 C.F.R. §
1208.4(a)(5); see also Dhital v. Mukasey, 532 F.3d 1044, 1049 (9th Cir. 2008).
Thus, Min’s asylum claim fails.
Substantial evidence supports the BIA’s finding that Min did not establish
that his membership in a particular social group of former police officers was one
central reason for why he was threatened and fears future harm. See Ayala, 640
F.3d at 1098 (evidence demonstrated former officer was shot at and threatened
because he had arrested particular criminal, not on account of his status as a former
police officer). Thus, Min’s withholding of removal claim fails.
Finally, substantial evidence supports the BIA’s denial of Min’s CAT claim
because he failed to show it is more likely than not that he would be tortured with the
consent or acquiescence of the South Korean government. See Wakkary v. Holder,
558 F.3d 1049, 1097-98 (9th Cir. 2009).
PETITION FOR REVIEW DENIED.

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