Lemekhov

Lemekhov v. Ashcroft

Good Law
108 F. App'x 535
United States Court of Appeals for the Ninth CircuitSeptember 1, 2004No. 02-73848, A70-542-995California787 words

Opinion

Lead Opinion

MEMORANDUM **

Vitaly Lemekhov seeks review of the Board of Immigration Appeals’ (BIA’s) decision affirming the Immigration Judge’s (IJ’s) denial of Lemekhov’s request for asylum and withholding of removal. See 8 U.S.C. §§ 1158 , 1231(b)(3). We review the factual determinations of the BIA for “substantial evidence.” Gonzalez-Hernandez v. Ashcroft, 336 F.3d 995, 998 (2003); 8 U.S.C. § 1252 (b)(4)(B) (“[AJdministrative findings of fact are conclusive unless any reasonable adjudicator would be compelled to conclude to the contrary....”). The parties are familiar with the facts of this case, so we do not repeat them here.

The BIA conducted a de novo review of the record and issued a decision on the merits dismissing Lemekhov’s appeal. Our review is therefore limited to the BIA’s decision. Duarte de Guinac v. INS, 179 F.3d 1156, 1160 (9th Cir.1999). We review factual determinations for sub *537 stantial evidence, and reverse an adverse asylum determination only if it is not supported by reasonable, substantial, and probative evidence in the record. INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). The BIA first held that Lemekhov did not meet his…

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