Bentchev

Bentchev v. Gonzales

Good Law
139 F. App'x 905
United States Court of Appeals for the Ninth CircuitJuly 21, 2005No. 04-73641California283 words

Opinion

Lead Opinion

MEMORANDUM **

Borislav K. Bentchev, a native and citizen of Bulgaria, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision, which affirmed the Immigration Judge’s (“IJ”) order denying his application for asylum, withholding of removal and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 .

“Where, as here, the BIA adopts the IJ’s decision while adding its own reasons, we review both decisions.” See Kataria v. INS, 232 F.3d 1107, 1112 (9th Cir.2000). We review for substantial evidence, Nagoulko v. INS, 333 F.3d 1012, 1015 (9th Cir.2003), and we deny the petition for review.

Substantial evidence supports the BIA’s determination that Bentchev failed to establish that he suffered past persecution. See Prasad v. INS, 47 F.3d 336, 339-40 (9th Cir.1995). In addition, substantial evidence supports the BIA’s conclusion that Bentchev failed to establish a *906 well-founded fear of persecution on account of a statutorily protected ground. See id. at 336, 340 .

Because Bentchev did not establish that he was eligible for asylum, it follows that he did not satisfy the more stringent standard for withholding of removal. See…

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