Karacsony

Karacsony v. Ashcroft

Good Law
83 F. App'x 167
United States Court of Appeals for the Ninth CircuitNovember 26, 2003No. 02-71190California832 words

Opinion

Lead Opinion

MEMORANDUM **

Petitioner Robert Karacsony, a native and citizen of Romania, petitions this panel for review of a final order of removal issued by the Board of Immigration Appeals (“BIA”) on April 19, 2002. Since the BIA affirmed the decision of the Immigration Judge (“IJ”) without providing any independent analysis, it is the determination of the IJ which must be reviewed in assessing Karacsony’s appeal. Al-Harbi v. INS, 242 F.3d 882, 887 (9th Cir.2001). Because substantial evidence supports the IJ’s determination that Petitioner failed to prove either “past persecution” or a “well founded fear of future persecution,” the BIA’s order cannot be disturbed. 8 U.S.C. § 1252 (b)(4)(B).

*169 Because the facts are known to the parties, they are only repeated here as necessary.

Petitioner contends that he has demonstrated eligibility for asylum. Under the Immigration and Nationality Act (“INA”), the Attorney General of the United States has discretion to grant asylum to an alien applicant who is unable or unwilling to return to his country of origin “because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social…

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