Tsoyi

Tsoyi v. Holder

Good Law
338 F. App'x 603
United States Court of Appeals for the Ninth CircuitJune 26, 2009No. 05-72600California549 words

Opinion

Lead Opinion

MEMORANDUM *

Petitioner Valery Alexandrovich Tsoyi petitions for review of the BIA’s affir-mance of the IJ’s denial of his application for political asylum, withholding of removal, and relief under the Convention Against Torture (CAT). We deny the petition.

The BIA’s single-member per curiam order appears to adopt the IJ’s adverse credibility determination. We treat the examples provided in the BIA’s order as “merely illustrative” and therefore review the IJ’s determination. See Morgan v. Mukasey, 529 F.3d 1202, 1206 (9th Cir. 2008).

Substantial evidence supports the IJ’s adverse credibility finding and thus its conclusion that Tsoyi failed to establish past persecution, a well-founded fear of future persecution, or clear probability of torture if returned to Uzbekistan. See, e.g., Kalilu v. Mukasey, 548 F.3d 1215 , 1217 n. 1 (9th Cir.2008) (per curiam). Tsoyi claims to have made an initial six-month trip to the United States, after which he returned to Uzbekistan despite having already suffered severe mistreatment at the hands of Uzbeki police on two separate occasions. The fact that Tsoyi “voluntarily returned to [Uzbekistan] after reaching a point of safety in the United…

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