Sashko

Sashko v. Immigration & Naturalization Service

Good Law
81 F. App'x 693
United States Court of Appeals for the Ninth CircuitNovember 21, 2003Nos. 02-71366, 02-71368, 02-71373; Agency No. A71-789-579, A71-789-580, A71-789-581California544 words

Opinion

Lead Opinion

MEMORANDUM ***

Nikolas and Anna Sashko, husband and wife, and their son, Alexander, (“Petitioners”), natives and citizens of Belarus, petition for review of the order by the Board of Immigration Appeals (“Board”) affirming the Immigration Judge’s (“IJ”) denial of their applications for asylum and withholding. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, Gonzalez v. INS, 82 F.3d 903, 907-08 (9th Cir.1996), and we deny the petition for review.

Petitioners entered the United States as visitors on September 27, 1991. On October 22,1993, the Immigration and Naturalization Service began deportation proceedings against Petitioners, pursuant to INA § 241(a)(1)(B), for remaining in the United States longer than permitted. Anna’s asylum claims are derivative of Nikolas, her husband. Alexander filed a separate application for asylum and withholding on October 12, 1995. Petitioners each concede deportability, but requested asylum and withholding of deportation. After a hearing, the IJ found that petitioners failed to satisfy the relevant statutory requirements, but granted them each the privilege of voluntary departure. The Board summarily affirmed and…

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