Todorov

MEMORANDUM **

Tihomir T. Todorov (Todorov), a native and citizen of Bulgaria, petitions for review of the decision of the Board of Immigration Appeals summarily affirming the denial by an Immigration Judge (IJ) of his claim for asylum and withholding of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for substantial evidence and will uphold the determination unless the evidence compels a contrary result. Molina-Estrada v. INS, 293 F.3d 1089, 1093 (9th Cir.2002). We deny the petition for review.

Todorov claims he is eligible for asylum based on past persecution and a well-founded fear of future persecution in Bulgaria for his political opinions. Todorov’s *540 original asylum application, prepared by a Bulgarian non-lawyer shortly after Todorov arrived in this country, contained an untrue statement that Todorov was a Protestant Christian and that he and his family had also experienced problems because of their religion. Todorov, who is not fluent in English, was informed by the asylum preparer about the contents of the asylum application just before his interview with an asylum officer. The asylum officer did not ask Todorov any questions about his religion…

I respectfully dissent.

Tihomir Tzvetkov Todorov fled Bulgaria, where he was allegedly persecuted for his political beliefs. When he arrived in the United States, Todorov, who could “hardly understand American English” and had no familiarity with immigration practice, had a non-lawyer Bulgarian, Krum Kiurciev, compile his asylum application materials. These included an affidavit in English describing the persecution that Todorov claimed to have faced in Bulgaria. The greater portion of this affidavit reported the numerous attacks and extortion campaigns allegedly inflicted upon Todorov by government-sponsored rogue groups who opposed Todorov’s pro-democratic advocacy. In just two paragraphs of the five-page affidavit, and without informing Todorov, Kiurciev included a fabricated claim of religious persecution. Specifically, this portion of the affidavit described Todorov as a Protestant Christian (he is, in fact, nominally Orthodox Christian) who was persecuted on account of his religion.

Todorov first became aware of the fabricated religious persecution claim shortly before his asylum interview, when Kiurciev orally translated the English affidavit into Bulgarian to help…