Aleksandr Kaptyug v. Eric Holder, Jr.

MEMORANDUM

Aleksandr Petrovich Kaptyug, a native and citizen of Belarus, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order summarily affirming an immigration judge’s (“IJ”) decision denying his applications for withholding of removal and protection under the Convention Against Torture (“CAT”) and pretermitting his applications for adjustment of status, cancellation of removal, and asylum. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review de novo questions of law, Robleto-Pastora v. Holder, 591 F.3d 1051, 1056 (9th Cir.2010), and review for substantial evidence the agency’s factual findings, Nagoulko v. INS, 333 F.3d 1012, 1015 (9th Cir.2003). We deny in part and dismiss in part the petition for review.

Substantial evidence supports the IJ’s conclusion that Kaptyug did not qualify for withholding of removal because he failed to establish a clear probability of persecution on account of his religion. See Nagoulko, 333 F.3d at 1016 ; 8 C.F.R. § 1208.16 (b).

The IJ correctly determined that Kaptyug was ineligible to adjust his status. Kaptyug had previously adjusted his status to that of a lawful permanent resident (“LPR”) and therefore cannot…