Marin Georgeshan v. Eric Holder, Jr.

MEMORANDUM

Marin Mikhaylovich Georgeshan, a native and citizen of Moldova, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decisions ordering him removed and denying his motion to reopen. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the BIA’s factual findings, for abuse of discretion the denial of a motion to reopen, and de novo questions of law and claims of due process. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir.2005). We deny the petition for review.

The BIA properly determined that Georgeshan is ineligible for asylum because of his aggravated felony conviction. Robleto-Pastora v. Holder, 591 F.3d 1051, 1057 (9th Cir.2010).

Substantial evidence supports the BIA’s denial of withholding of removal because Georgeshan did not establish past persecution, or that it is more likely than not he will suffer future persecution on account of his Pentecostal religion. See Nagoulko v. INS, 333 F.3d 1012, 1016, 1018 (9th Cir.2003); 8 C.F.R. § 1208.16 (b). In addition, substantial evidence supports the BIA’s conclusion that the retaliation Georgeshan fears…