Al-Bark

Al-Bark v. Gonzales

Good Law
143 F. App'x 880
United States Court of Appeals for the Ninth CircuitSeptember 19, 2005No. 03-72045; Agency No. A72-008-323California621 words

Opinion

Lead Opinion

*881 MEMORANDUM *

Mohammad Abdu Al-Bark, a native of the Palestinian West Bank with a Jordanian passport, petitions for review of the Board of Immigration Appeals’ order denying his motion to remand to apply for adjustment of status and his application for asylum and withholding of deportation. Al-Bark also moves to stay his period of voluntary departure.

I.

The BIA properly denied Al-Bark’s motion to remand for consideration of an application for adjustment of his status because Al-Bark failed to demonstrate prima facie eligibility for the requested relief. Al-Bark was unable to show at the time that “an immigrant visa [was] immediately available to him” because his wife’s approved application for a Form 1-360, Special Immigrant Petition for Religious Worker, had not been processed by the time the motion to remand was filed. See 8 U.S.C. § 1255 (a); 8 C.F.R. § 245.2 (a)(2)(i)(A).

II.

Substantial evidence supports the IJ’s conclusion that Al-Bark failed to establish past persecution or a well-founded fear of future persecution on account of a statutorily-enumerated ground. 1 See INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992); see also 8…

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