Durkin

MEMORANDUM **

Vladimir Durkin, a native of the former Yugoslavia and a citizen of Croatia, petitions for review of an order of the Board of Immigration Appeals (“Board” or “BIA”), affirming an Immigration Judge’s (“IJ”) order of removal. The IJ had granted Durkin’s application for withholding of removal, but, on appeal by the government, the BIA reversed and remanded for the IJ to enter a final order of removal. After the IJ ordered Durkin removed, the BIA affirmed without opinion. We have jurisdiction pursuant to 8 U.S.C. § 1252 , and we deny the petition.

We disagree with Durkin’s contention that the BIA violated 8 C.F.R. § 1003.1 (d)(3) by failing to defer to the IJ’s factual findings. 1 Rather than engaging in a de novo review of the facts, the Board examined the facts as found by the IJ, but it arrived at a different conclusion based on those facts.

The evidence presented by Durkin fails to establish that it is more likely than not that he will be persecuted on account of a statutorily protected ground if returned to Croatia. See Fedunyak v. Gonzales, 477 F.3d 1126, 1130 (9th Cir.2007) (stating that, to establish eligibility for withholding of removal, an applicant must…