Burchuladze v. Ashcroft
Burchuladze v. Ashcroft
Opinion of the Court
MEMORANDUM
Genadi, Natalia, and Sopio Burchuladze, citizens of Georgia, petition pro se for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of an Immigration Judge’s (“IJ”) denial of Genadi Burchuladze’s (“Burchuladze”) application for asylum and withholding of removal. Burchuladze’s wife and daughter are derivative applicants. We have jurisdiction pursuant to 8 U.S.C. § 1252, and we deny the petition for review. See Lata v. INS, 204 F.3d 1241, 1244 (9th Cir. 2000) (“[T]he IJ’s determination that an alien is not eligible'for asylum must be upheld if supported by reasonable, substantial, and probative evidence in the record.”).
Petitioners’ challenge to the BIA’s streamlining procedure is foreclosed by Falcon Carriche v. Ashcroft, 350 F.3d 845 (9th Cir. 2003).
Substantial evidence also supports the IJ’s determination that Burchuladze did not demonstrate a well-founded fear of future persecution, which requires “credible, direct, and specific evidence in the record ... that would support [an objectively] reasonable fear of persecution.” Singh v. INS, 134 F.3d 962, 966 (9th Cir. 1998) (quotation marks and citation omitted). The record bears out the IJ’s conclusion that Burchuladze has not met this standard. See Rostomian v. INS, 210 F.3d 1088, 1089 (9th Cir. 2000).
By failing to qualify for asylum, Petitioners necessarily fail to satisfy the more stringent standard required to establish eligibility for withholding of removal. See Alvarez-Santos v. INS, 332 F.3d 1245, 1255 (9th Cir. 2003). The adult Petitioners’ contention that hardship to their American citizen son may result from their removal to Georgia is a factor relevant to cancellation of removal, a type of relief not at issue here. See 8 U.S.C. § 1229(b)(1)(D).
PETITION FOR REVIEW DENIED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
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