Yen Kha Tsoy v. Ashcroft

MEMORANDUM *

Appellant Yen Kha Tsoy, his wife Den Khi Tsoy, and their two minor children petition for review of an immigration judge’s (“IJ”) decision denying the Tsoys’ request for asylum and withholding of removal and the subsequent affirmance of the Id’s decision by the Board of Immigration Appeals (“BIA”). We have jurisdiction pursuant to 8 U.S.C. § 1252 (b), and we deny the petition.

The evidence presented by the Tsoys does not compel this court to grant asylum and withholding of removal. 1 The Tsoys have put forth no proof that the bombing of their Seventh Day Adventist Church was either committed by government forces or by forces that the government was either unable or unwilling to control. 2 Instead, the record supports the finding of the IJ that no facts sustain the argument that the Russian government would not or could not act to stop such a bombing. The United States Department of State’s report on the country conditions of Russia states that “police action is less likely to be based on [such grounds as the religious, ethnic or political background of the victim] as on inadequate staffing,” and that if the complaint does not provide the Russian authorities with…