Postoenko

Postoenko v. Holder

Good Law
368 F. App'x 731
United States Court of Appeals for the Ninth CircuitFebruary 25, 2010No. 06-73030California480 words

Opinion

Lead Opinion

MEMORANDUM **

Roman Ivanovich Postoenko, a native and citizen of Russia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence findings of fact, Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006), and de novo questions of law, Vasquez-Zavala v. Ashcroft, 324 F.3d 1105, 1107 (9th Cir.2003). We deny in part and dismiss in part the petition for review.

Substantial evidence supports the IJ’s denial of asylum, because Postoenko failed to demonstrate that the harms he suffered on account of his religion when he was at school amounted to persecution, see Gu v. Gonzales, 454 F.3d 1014, 1019-21 (9th Cir.2006) (no past persecution where petitioner was detained for three days, beaten and interrogated), that the 2004 skinhead incident was on account of a protected ground, see Gormley v. Ashcroft, 364 F.3d 1172, 1177 (9th Cir.2004), or that he was or will be persecuted on account of his religion for…

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