Gokce

Gokce v. Gonzales

Good Law
247 F. App'x 52
United States Court of Appeals for the Ninth CircuitAugust 1, 2007No. 05-72895California336 words

Opinion

Lead Opinion

MEMORANDUM **

Irfan Gokce, a native and citizen of Turkey, petitions for review of the summary affirmance by the Board of Immigration Appeals (BIA) of the decision of an Immigration Judge (IJ) denying his application for asylum, withholding of removal, and relief under the Convention Against Tor *53 ture (CAT). We have jurisdiction under 8 U.S.C. § 1252 (a), and we deny the petition for review.

Because the BIA affirmed without opinion, we review the I J’s decision as the final decision of the agency. See Zehatye v. Gonzales, 453 F.3d 1182, 1184 (9th Cir.2006). We do not determine in the first instance whether mentally ill Turkish citizens constitute a “particular social group” for the purposes of asylum. See Gonzales v. Thomas, 547 U.S. 183 , 126 S.Ct. 1613 , 164 L.Ed.2d 358 (2006); Gonzales v. Tchoukhrova, - U.S. -, 127 S.Ct. 57 , 166 L.Ed.2d 7 (2006) (vacating and remanding Tchoukhrova v. Gonzales, 404 F.3d 1181 (9th Cir.2005)).

The I J’s conclusion that Gokce did not present credible testimony establishing past persecution is supported by substantial evidence. See Zehatye, 453 F.3d 1182 (administrative finding of fact will be reversed only if evidence compels contrary…

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