JEONG WOOK GIM, AKA Jung Sook Gim v. ERIC H. HOLDER, Jr., Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JEONG WOOK GIM, AKA Jung Sook
Gim,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 09-73603
Agency No. A072-976-188
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 8, 2013**
Pasadena, California
Before: FERNANDEZ, PAEZ, and HURWITZ, Circuit Judges.
Jeong Wook Gim, a South Korean citizen, petitions for review of a decision of
the Board of Immigration Appeals (“BIA”) denying his applications for withholding
FILED
OCT 17 2013
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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of removal and protection under the Convention Against Torture. We have
jurisdiction pursuant to 8 U.S.C. § 1252 and deny the petition.
Gim’s applications were based on his opposition to South Korean military
service conscription. The conclusion by the Immigration Judge and the BIA that Gim
did not establish that he would be persecuted because of his religion if forced to return
to South Korea is supported by substantial evidence. Rather, Gim only proved that
he would be subject to the same conscription rules applicable to other South Korean
males. See Zehatye v. Gonzales, 453 F.3d 1182, 1187 (9th Cir. 2006). Nor did Gim
establish that he is more likely than not to be tortured if returned to South Korea.
DENIED.
2

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