Seyun Kim v. LORETTA E. LYNCH, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
SEYUN KIM,
Petitioner,
v.
LORETTA E. LYNCH, Attorney General,
Respondent.
No. 09-73640
Agency No. A098-251-915
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 18, 2015 **
San Francisco, California
Before: CHRISTEN and FRIEDLAND, Circuit Judges and LEMELLE, ***
District Judge.
Seyun Kim, a native and citizen of South Korea, petitions for review of a
Board of Immigration Appeals decision dismissing his appeal from an immigration
* 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).
*** The Honorable Ivan L.R. Lemelle, District Judge for the U.S. District
Court for the Eastern District of Louisiana, sitting by designation.
FILED
SEP 23 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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judge’s decision denying his application for withholding of removal. We deny the
petition for review. “[F]orced conscription or punishment for evasion of military
duty generally does not constitute persecution on account of a protected ground.”
Movsisian v. Ashcroft, 395 F.3d 1095, 1097 (9th Cir. 2005). Kim has presented
no “evidence that [he] would be singled out for severe disproportionate punishment
for refusing to serve in the [South Korean] military.” Zehatye v. Gonzales, 453
F.3d 1182, 1188 (9th Cir. 2006); cf. id. at 1187 (citing cases involving examples of
severe disproportionate punishment).
DENIED.
2

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