Khatin

Khatin v. Ashcroft

Good Law
114 F. App'x 811
United States Court of Appeals for the Ninth CircuitNovember 19, 2004No. 03-73113California432 words

Opinion

Lead Opinion

MEMORANDUM **

Lead petitioner Vladimir Nikolayevich Khatin, his wife Anna Valeryevna Petrachenkova and their minor son Timofey Vladimirovich Khatin (the “Khatins”), all natives of Russia, petition for review of a decision of the Board of Immigration Appeals (“BIA”) affirming the denial by an immigration judge of their applications for asylum and withholding of removal. The Khatins also seek relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the BIA’s denial of relief on eligibility grounds. See Melkonian v. Ashcroft, 320 F.3d 1061, 1065 (9th Cir.2003). We deny in part and dismiss in part the petition for review.

Eligibility for asylum requires “persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.” 8 U.S.C. § 1101 (a)(42)(A) (emphasis added); see also INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). Withholding of removal also requires a threat to life or freedom “because of ... race, religion, nationality, membership in a particular social group, or political…

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