Avciouglu

MEMORANDUM ***

Petitioner Ali Raif Avciouglu (“Avciouglu”), a native and citizen of Turkey, petitions for review of an order granting his request for voluntary departure, but denying his requests for relief from removal. He contends that he is eligible for asylum; he also argues for relief under Article III of the Convention Against Torture (“CAT”).

The IJ rejected Avciouglu’s argument that he was persecuted because of an imputed political opinion, and therefore held that Avciouglu was not eligible for asylum. The IJ made an adverse credibility finding, but also held that even assuming the truth of Avciouglu’s testimony, he failed to satisfy his burden of proof to show that he was eligible for asylum. The IJ similarly rejected Avciouglu’s claim for withholding of removal. The IJ also rejected Avciouglu’s claim for relief under CAT, finding that there was not sufficient evidence to suggest that he would be tortured upon his return to Turkey.

Avciouglu appealed to the BIA. The BIA adopted and affirmed the decision of the IJ, but only insofar as the IJ found that Avciouglu had failed to satisfy his burden of proof. The BIA did not adopt the IJ’s adverse credibility finding.

We…