Edward Fominykh v. Eric Holder, Jr.

MEMORANDUM

Petitioner Edward Fominykh, a native and citizen of Russia, petitions for review of two decisions from the Board of Immigration Appeals (“BIA”) in which the BIA dismissed his appeal from the immigration judge’s (“IJ”) denial of his application for asylum, withholding from removal, and protection under Article III of the Convention Against Torture (“CAT”) and denied his motion to reopen.

Where the BIA conducts its own review of the evidence and law rather than adopting the IJ’s decision, this court limits its review to the BIA’s decision, except to the extent that the BIA expressly adopts the IJ’s opinion. Hosseini v. Gonzales, 471 F.3d 953, 957 (9th Cir.2006). This court reviews legal and constitutional questions de novo and reviews factual findings under the “substantial evidence standard, treating them as ‘conclusive unless any reasonable adjudicator would be compelled to conclude to the contrary.’” Lopez-Cardona v. Holder, 662 F.3d 1110, 1111 (9th Cir.2011) (quoting 8 U.S.C. § 1252 (b)(4)(B)).

This court reviews a ruling denying asylum or withholding from removal for substantial evidence. Li v. Ashcroft, 378 F.3d 959, 962 (9th Cir.2004). Denials of motions to…