Rusz

MEMORANDUM **

Petitioner Norbert Rusz is deportable because he was convicted of two morally turpitudinous crimes — second degree burglary (CahPenal Code § 459) and petty theft (Cal.Penal Code §§ 484 and 488). See 8 U.S.C. § 1227 (a)(2)(A)(ii). 1 He asserts that he is entitled to asylum because in the 1970s and 1980s his father, an activist and distributor of propaganda for the Polish anti-Communist group KOR was arrested, beaten, and tormented by Communist officials. The IJ and BIA denied Rusz’ petition for asylum finding that he had failed to establish past persecution or a well-founded fear of future persecution.

Additionally, Rusz requested that the BIA reopen his case for consideration under the Convention Against Torture, which was implemented by Congress while his case was on appeal to the BIA. The BIA denied Rusz’ request to reopen. Rusz’ timely petition for review followed.

I. Standard of Review

“Where ... the BIA has reviewed the IJ’s decision and incorporated portions of it as its own, we treat the incorporated parts of the IJ’s decision as the BIA’s.” Molina-Estrada v. INS, 293 F.3d 1089, 1093 (9th Cir.2002). Thus, we review the IJ’s decision, including the…