Tatarinov-Valereveich

MEMORANDUM **

Dimitri Tatarinov-Valereveich (“Tatarinov”) appeals the district court’s denial of his habeas petition. Under the REAL ID Act, we construe the appeal as a petition for review, Pub.L. No. 109-13, 119 Stat. 231 (May 11, 2005); Martinez-Rosas v. Gonzales, 424 F.3d 926, 929 (9th Cir.2005), and review the agency’s decision. Where, as here, the Board of Immigration Appeals (“BIA”) summarily affirms the IJ’s decision under 8 C.F.R. § 1003.1 (e)(4), we review the immigration judge’s (“IJ”) decision directly. Lopez-Alvarado v. Ashcroft, 371 F.3d 1111, 1114 (9th Cir.2004). We review factual findings under the substantial evidence standard, upholding them unless the evidence in the record compels a contrary result. Azanor v. Ashcroft, 364 F.3d 1013, 1018 (9th Cir.2004). We review questions of law de novo. De Martinez v. Ashcroft, 374 F.3d 759, 761 (9th Cir.2004). Applying these standards, we deny the petition for review. Because the parties are familiar with the factual and procedural histories of this case, we will not recount them here.

I

The evidence does not compel the conclusion that the IJ erred when he found that Tatarinov had not shown either past persecution or a…