Veksler

MEMORANDUM **

Vareriy Veksler claims that he was persecuted because of his Jewish heritage when he lived in the former Soviet Union and that he will be subject to future persecution if he is returned to Russia. He testified that due to his Jewish ancestry, he was beaten in school and mistreated during his service in the Soviet army. He also testified that his Jewish father was beaten to death by “representatives” of the military. Additionally, a letter from Veksler’s aunt in Russia indicates that his Jewish friend was murdered and that he could expect the same if he were to go back.

Veksler produced little evidence in support of his claims other than his own testimony and his aunt’s letter. However, neither the BIA nor the IJ ever rejected Veksler’s credibility or questioned the authenticity of his aunt’s letter. “In the absence of an explicit adverse credibility finding, we must assume that [Veksler’s] factual contentions are true.” Kataria v. INS, 232 F.3d 1107, 1114 (9th Cir.2000).

The BIA reasonably determined that Veksler’s claim of past persecution was vague, eonclusory and supported by insufficient evidence to establish refugee status. See Del Valle v. INS, 776 F.2d…