Matusov

Matusov v. Mukasey

Good Law
274 F. App'x 506
United States Court of Appeals for the Ninth CircuitApril 14, 2008No. 04-75102California652 words

Opinion

Lead Opinion

MEMORANDUM **

Vadym Matusov, a native and citizen of Ukraine, petitions for review of the BIA’s final order of removal and denial of eligibility for asylum, withholding of removal and relief under the Convention Against Torture. We have jurisdiction pursuant to 8 U.S.C. § 1252 (a)(1) and deny the petition for review.

We review for substantial evidence and grant the petition for review only if the evidence compels a contrary conclusion. INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992); Ali v. Ashcroft, 394 F.3d 780, 784 (9th Cir.2005). Because the BIA expressly adopted and affirmed the immigration judge’s entire decision, we review the immigration judge’s decision. Abebe v. Gonzales, 432 F.3d 1037, 1040-41 (9th Cir.2005) (en banc). Our review is limited to the administrative record in this case. 8 U.S.C. § 1252 (b)(4)(A).

Matusov argues that the immigration judge’s finding that he firmly resettled in England is not supported by substantial evidence. We agree. The only evidence in the record establishes that Matusov studied in England for four years pursuant to a temporary student visa. There is no evi *508 dence in the record that England offered…

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