Kvartenko

MEMORANDUM ***

Oleksiy Kvartenko, a citizen of Ukraine, petitions this court to review the Board of Immigration Appeals’ (“BIA”) decision dismissing his appeal from the immigration judge’s denial of his applications for asylum, withholding of removal, and protection under the Convention Against Torture. We have jurisdiction pursuant to 8 U.S.C. § 1252 (b). Because the BIA’s decision was supported by substantial evidence, we deny the petition for review.

BACKGROUND

Oleksiy Kvartenko entered the United States at New York City as a nonimmigrant with authorization to remain for a period not to exceed 180 days. Kvartenko did not depart within the allotted period. The INS issued him a Notice to Appear, charging him with removability pursuant to 8 U.S.C. § 1227 (a)(1)(B), for having remained in the United States beyond the permitted time period.

Kvartenko admitted the allegations contained in the Notice to Appeal* but applied for asylum, withholding of removal, and Torture Convention protection. After an asylum hearing, the Immigration Judge (“IJ”) denied Kvartenko’s applications, granted him voluntary departure, and ordered him deported to Ukraine should he fail to depart. Kvartenko…