Bakhodir Amanov v. Holder

MEMORANDUM

Bakhodir Amanov petitions for review of a decision of the Board of Immigration Appeals (BIA) affirming an Immigration Judge’s (IJ) denial of Amanov’s application for asylum, humanitarian asylum, withholding of removal, and relief under the United Nations Convention Against Torture (CAT). We have jurisdiction under 8 U.S.C. § 1252 . We deny the petition.

Amanov’s constitutional argument lacks merit. The REAL ID Act “imposed a heightened standard of review requiring that [the Court] reverse an agency’s determination concerning the availability of corroborative evidence only if a reasonable trier of fact would be compelled to conclude that such corroborating evidence is unavailable.” Shrestha v. Holder, 590 F.3d 1034, 1047-48 (9th Cir.2010) (citing 8 U.S.C. § 1252 (b)(4)). The standard imposed is the same one otherwise applied to review of findings of fact. See 8 U.S.C. § 1252 (b)(4)(B). It does not preclude review of constitutional questions and questions of law raised in deportation proceedings, see 8 U.S.C. § 1252 (a)(2)(D); cf. INS v. St. Cyr, 533 U.S. 289, 304-05 , 121 S.Ct. 2271 , 150 L.Ed.2d 347 (2001), nor does it limit review of whether a person in deportation…