Kolodchenko

Kolodchenko v. Mukasey

Good Law
255 F. App'x 227
United States Court of Appeals for the Ninth CircuitNovember 21, 2007No. 05-73938California258 words

Opinion

Lead Opinion

MEMORANDUM **

Valeriy Vladimirovich Kolodchenko, a native and citizen of Russia, petitions for review of a Board of Immigration Appeals (“BIA”) decision that affirmed the ruling of an Immigration Judge (“IJ”) denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 .

Where, as here, the BIA reviews de novo the IJ’s decision, our review is limited to the decision of the BIA. Garcia-Quintero v. Gonzales, 455 F.3d 1006, 1011 (9th Cir.2006). We review for substantial evidence, Gu v. Gonzales, 454 F.3d 1014, 1018 (9th Cir.2006), and we deny the petition.

Substantial evidence supports the BIA’s finding that the treatment Kolodchenko endured at the hands of drunken sailors did not rise to the level of past persecution, and that he does not have a well-founded fear of future persecution if he returns to Russia. See Nagoulko v. INS, 333 F.3d 1012, 1016-18 (9th Cir.2003).

Because Kolodchenko failed to satisfy the lower standard of proof for asylum, he necessarily failed to satisfy the more stringent standard for withholding of removal. See Mansour v. Ashcroft, 390 F.3d 667, 673 (9th…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.