Teoman Gurson v. Eric H. Holder Jr.

MEMORANDUM

Gulson and Teoman Gurson petition for review of the Board of Immigration Appeals’ (“BIA”) denial of their application for asylum and withholding of removal. The BIA affirmed the Immigration Judge’s (“IJ”) finding that the Gursons failed to establish a well-founded fear of persecution on account of their religious beliefs. The evidence in the record does not compel a finding to the contrary, and thus we deny the petition.

1. The BIA’s findings are conclusive unless any reasonable adjudicator would be compelled to conclude to the contrary. 8 U.S.C. § 1252 (b)(4)(B); INS v. Elias- Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 88 (1992). “[PJersecution is an extreme concept.” Singh v. INS, 184 F.3d 962 , 967 (9th Cir.1998). To establish past persecution the Gursons must show: (1) incidents that rise to the level of persecution, (2) that the persecution is based on their religious beliefs, and (3) that the government was unable or unwilling to control the private actors responsible for the persecution. Baballah v. Ashcroft, 367 F.3d 1067, 1074 (9th Cir.2004).

Although 8 U.S.C. § 1158 (b) provides that asylum may be granted based on persecution on the basis of…