Tsambasis

Tsambasis v. Mukasey

Good Law
267 F. App'x 710
United States Court of Appeals for the Ninth CircuitFebruary 25, 2008No. 06-72630California354 words

Opinion

lead Opinion

MEMORANDUM **

Constantinos Tsambasis (“Tsambasis”) appeals the Bureau of Immigration Appeal’s (“BIA”) decision rejecting his petition for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”).

Substantial evidence supports the Immigration Judge’s (“U”) determination that Tsambasis failed to establish a nexus between the police action and his ethnicity, and that he therefore did not qualify as a refugee eligible for asylum under 8 U.S.C. § 1101 (a)(42)(A). Tsambasis himself testified that he believed that the harassment was attributable to his litigation against a local bank. Accordingly, the evidence does not compel the conclusion that the police action was not entirely attributable to reasons other than ethnicity, including Tsambasis’s litigation against the bank and his criminal history. See 8 U.S.C. § 1252 (b)(4)(B) (“the administrative findings of fact are conclusive unless any reasonable adjudicator would be compelled to conclude to the contrary”); INS v. Elias-Zacarias, 502 U.S. 478 , 481 n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992) (“To reverse the BIA finding we must find that the evidence not only supports that conclusion, but compels…

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