Dyshlyuk v. Holder
Dyshlyuk v. Holder
Opinion of the Court
MEMORANDUM
Substantial evidence supports the agency’s conclusion that Dyshlyuk’s interrogation regarding the theft of military equipment did not constitute persecution on account of a protected ground. See Dinu v. Ashcroft, 372 F.3d 1041, 1044-45 (9th Cir. 2004); cf. Grava v. INS, 205 F.3d 1177, 1181 (9th Cir. 2000). Substantial evidence also supports the agency’s finding that Dyshlyuk’s fear of future persecution lacked an objective basis. See Nagoulko v. INS, 333 F.3d 1012, 1018 (9th Cir. 2003). Accordingly, Dyshlyuk’s asylum claim fails.
Because Dyshlyuk did not establish asylum eligibility, it necessarily follows that he did not satisfy the more stringent standard for withholding of removal. See Zehatye v. Gonzales, 453 F.3d 1182, 1190 (9th Cir. 2006).
Substantial evidence supports the agency’s denial of CAT relief because Dyshlyuk failed to show it is more likely than not he will be tortured if returned to Ukraine. See Hasan v. Ashcroft, 380 F.3d 1114, 1122-23 (9th Cir. 2004).
PETITION FOR REVIEW DENIED.
This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.