Hasanago v. Ashcroft
Opinion of the Court
SUMMARY ORDER
Dzengis Hasanago (“Hasanago”), an ethnic Albanian and native and citizen of Macedonia, requests review of the April 14, 2003, decision of the Board of Immigration Appeals (“BIA”) summarily affirming the September 4, 2001, decision of the Immigration Judge (“IJ”) denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). His application alleges that he was subjected to past persecution and fears future persecution on the basis of his being an ethnic Albanian in Macedonia. We assume the parties’ familiarity with the facts, decisions and record below, and issues on appeal.
Where the BIA adopts and summarily affirms a decision of an IJ, we review the decision of the IJ directly. See Secaida-Rosales v. INS, 331 F.3d 297, 305 (2d Cir. 2003). We review an IJ’s findings of fact under the “substantial evidence standard,” see id. at 307, wherein “the administrative findings of fact are conclusive unless any reasonable adjudicator would be compelled to conclude the contrary.” 8 U.S.C. § 1252(b)(4)(B). However, we review de novo the question of law regarding what evidence will suffice to carry an asylum applicant’s burden of proof. See Qiu v. Ashcroft, 329 F.3d 140, 146 (2d Cir. 2003).
As to past persecution, we find that the harm that Hasanago claiméd he and his family members experienced does not rise to the level of persecution. Accordingly, the IJ did not err in finding that Hasanago failed to meet his burden of proving past persecution.
As to a well-founded fear of future persecution, the IJ noted that the country
We also conclude, as to Hasanago’s CAT claim, that the IJ did not err in finding that Hasanago failed to establish that he would more likely than not be tortured upon return to Macedonia. Finally, Hasanago’s argument that the BIA failed to adequately explain its decision by summarily affirming the IJ’s decision is foreclosed by our decision in Zhang v. DOJ, 362 F.3d 155 (2d Cir. 2004) (per curiam).
For the foregoing reasons, we conclude that the BIA properly dismissed Hasanago’s appeal. The petition for review is DENIED and the motion for stay of removal pending appeal is DENIED AS MOOT.
Reference
- Full Case Name
- Dzengis HASANAGO v. John ASHCROFT, Attorney General
- Cited By
- 1 case
- Status
- Published