Professional Documents
Culture Documents
JAN 21 2004
PATRICK FISHER
Clerk
VLADIMIR MEEROVICH
KARSAEV,
Petitioner,
v.
JOHN ASHCROFT,
No. 02-9570
(BIA No. A76 948 325)
(Petition for Review)
Respondent.
ORDER AND JUDGMENT
Before BRISCOE and McKAY , Circuit Judges, and
Judge.
After examining the briefs and appellate record, this panel has determined
unanimously that oral argument would not materially assist the determination
of this appeal.
This order and judgment is not binding precedent, except under the
doctrines of law of the case, res judicata, and collateral estoppel. The court
generally disfavors the citation of orders and judgments; nevertheless, an order
and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.
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Tsevegmid ,
336 F.3d at 1235. Since the BIA summarily affirmed the IJs analysis, we review
Mr. Karsaev also contends that the IJ should have applied the Lautenberg
Amendment to him and required a lower standard of proof in assessing his
qualifications for refugee status in connection with his asylum claim.
See Act of
Nov. 21, 1989, Pub. L. No. 101-167, Title V 599D(b), 103 Stat. 1261 (codified
at 8 U.S.C. 1157 note). Since his asylum claim was barred as untimely,
however, we also lack jurisdiction to consider this issue.
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the IJs analysis as if it were the BIAs, treating his findings of fact as conclusive
unless the record indicates that any reasonable adjudicator would be compelled
to conclude to the contrary.
The IJ determined that although Mr. Karsaev was born to a Jewish father
and a Russian mother, he had effectively changed his official identification from
Jewish to Russian, and did not practice the Jewish religion. There were some
anti-Semitic incidents in his background. Many of these occurred before he
changed his name. Some of the subsequent events he recounted either were not
sufficiently tied to a protected ground to qualify as persecution or were
investigated by the authorities. Moreover, he was given a sensitive assignment
during his time in the military, casting doubt on any claim of official persecution
during his military service. The IJ concluded that Mr. Karsaev had not shown
that he would suffer persecution because of his Jewish nationality should he
return to Belarus. Having reviewed the record, we cannot say that any reasonable
adjudicator would be compelled to conclude to the contrary. We therefore affirm
the BIAs decision summarily affirming the IJs denial of withholding of removal.
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The portions of Mr. Karsaevs petition seeking review of the BIAs denial
of his asylum claim are DISMISSED for lack of jurisdiction. The remainder of
the BIAs decision under review is AFFIRMED.
Wade Brorby
Senior Circuit Judge
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