Submitted March 11, 2014
Petition for Review of an Order of the Board of Immigration Appeals.
For Ah May Ruth Lee, Petitioner (13-1269, 13-2597): Benjamin Richard Casper, University of Minnesota, Law School, Minneapolis, MN; Katherine L. Evans, University of Minnesota, Law School - Law Clinic, Minneapolis, MN.
For Eric H. Holder, Jr., Attorney General of the United States, Respondent (13-2597): Scott Baniecke, U.S. Immigration & Naturalization Service, Bloomington, MN; John Blakeley, Senior Litigation Counsel, Karen Yolanda Drummond, Carl H. McIntyre, Carlton Frederick Sheffield, U.S. Department of Justice, Civil Division, Office of Immigration Litigation, Washington, DC.
Ah May Ruth Lee, Petitioner (13-1269), Pro se, Saint Paul, MN.
For Eric H. Holder, Jr., Attorney General of the United States, Respondent (13-1269): Scott Baniecke, U.S. Immigration & Naturalization Service, Bloomington, MN; John Blakeley, Senior Litigation Counsel, Karen Yolanda Drummond, Melissa Katherine Lott, Carl H. McIntyre, Carlton Frederick Sheffield, U.S. Department of Justice, Civil Division, Office of Immigration Litigation, Washington, DC.
Before COLLOTON, SHEPHERD, and KELLY, Circuit Judges.
SHEPHERD, Circuit Judge.
Ah May Ruth Lee petitions for review of the Board of Immigration Appeals' (BIA) denials of Lee's motion to remand and her later motion to reopen her application for asylum, withholding of removal, and protection under the Convention Against Torture. We deny both petitions.
Lee claims to be a 37-year-old native and citizen of Burma. She entered the United States in October 2007 using a fraudulent Thai passport and a non-immigrant " visitor for business" visa authorizing her to remain in the United States until February 2008. In October 2008, Lee affirmatively applied for asylum and withholding of removal with the assistance of her attorney, William Monroe. The Department of Homeland Security (DHS) denied the application and referred the case to an Immigration Judge (IJ). See 8 C.F.R. § § 208.14(c)(1), 208.19, 1208.13, 1240.1(a)(1)(ii), 1240.11(c).
In her initial asylum application filed in October 2008, Lee stated that she was seeking asylum because of the persecution she and her family had faced at the hands of the Burmese government. Lee described how she supported the Shan State Army and fled to a refugee camp in Thailand. She also described an incident where she was detained and sexually abused by a Thai police officer for several weeks that allegedly resulted in the subsequent birth of a daughter.
In March 2010, Lee, through her attorney Monroe, filed an amended asylum application. In this amended application, Lee asserted for the first time that she had been raped by soldiers in the Burmese Army. She alleged that as a result of this rape, she became pregnant but, upon the advice of older women in the village, took medicines to cause an abortion. She also alleged, again for the first time, that on one occasion, Lee's father attempted to rape her while hiding her in the jungle. Monroe did not include in the amended ...