Ozdemir v. Atty Gen USA , 267 F. App'x 147 ( 2008 )

Opinions of the United
2008 Decisions States Court of Appeals
for the Third Circuit
2-28-2008
Ozdemir v. Atty Gen USA
Precedential or Non-Precedential: Non-Precedential
Docket No. 06-3654
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NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No. 06-3654
SANSAL OZDEMIR,
Petitioner
v.
ATTORNEY GENERAL OF THE UNITED STATES
_______________
On Petition for Review of an Order of
The Board of Immigration Appeals
Immigration Judge: Honorable Margaret Reichenberg
(No. A97-445-240)
Submitted Under Third Circuit LAR 34.1(a)
February 7, 2008
Before: MCKEE and AMBRO, Circuit Judges,
and TUCKER,* District Judge
(Opinion filed: February 28, 2008)
OPINION
*
Honorable Petrese B. Tucker, United States District Judge for the Eastern District
of Pennsylvania, sitting by designation.
AMBRO, Circuit Judge
Sansal Ozdemir is a native and citizen of Turkey. He petitions our Court for
review of a final order by the Board of Immigration Appeals affirming his removal from
the United States. We deny his petition for review.
Ozdemir is a Muslim and member of the Unified Socialist Party. In 1990, police
officers came to his house and took him to the local police station to question him about
political graffiti that had been drawn on walls around his neighborhood. He denied
involvement in the graffiti and told officers that he had no idea who was responsible. The
police accused him of lying and hit him in the face repeatedly. He was held overnight.
When Ozdemir was released the next day, police drove him home and told him not to tell
anyone about the incident.
Ozdemir testified that he was distressed and unable to return to work after the
incident. He remained in Turkey for six months and had no further involvement with
police. He then secured a job working aboard ships, which he did for several years, until
his ship docked in the United States in 2000. Ozdemir was admitted to the United States
as a nonimmigrant transit visitor, and failed to depart when his authorization expired. In
2004, he was issued a notice to appear, which charged that he was removable for
remaining in the country once his authorization expired. At the subsequent immigration
hearing, Ozdemir conceded the charge of removability and applied for asylum,
withholding of removal, and protection under the Convention Against Torture. After
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hearing testimony on Ozdemir’s applications, the Immigration Judge found him to be
credible, but nevertheless denied relief. The IJ found Ozdemir statutorily barred from
seeking asylum because he had not filed his petition within one year of entering the
United States. With regard to withholding of removal and CAT relief, the IJ found that
Ozdemir had not established that it would be more likely than not that he would be
tortured if removed to Turkey. The IJ did grant voluntary departure. Ozdemir appealed
the IJ’s decision to the BIA, which affirmed. Ozdemir then filed this timely petition for
review.
We have jurisdiction to review the BIA’s final orders of removal. See 8 U.S.C.
§ 1252(a). Where, as here, the BIA adopts the findings of the IJ but writes separately to
discuss some bases of the IJ’s ruling, we will review both decisions. Chen v. Ashcroft,
376 F.3d 215, 222 (3d Cir. 2004). We apply the “extremely deferential” substantial
evidence standard to the findings of fact. Id. at 223. We reverse the BIA’s ultimate
determinations only if “the evidence not only supports a contrary conclusion, but compels
it.” Abdille v. Ashcroft, 242 F.3d 477, 484 (3d Cir. 2001).
To satisfy his burden for withholding of removal, Ozdemir must “establish that
his . . . life or freedom would be threatened in the proposed country of removal on
account of race, religion, nationality, membership in a particular social group, or political
opinion.” 8 C.F.R. § 208.16(b). With regard to his CAT claim, his burden is to “establish
that it is more likely than not that he or she would be tortured if removed to the proposed
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country of removal.” 8 C.F.R. § 208.16(c)(1).
Substantial evidence supports the BIA’s and IJ’s conclusions that Ozdemir had
failed to establish eligibility for withholding of removal and CAT relief. After his
interrogation by police, Ozdemir remained in his native country for six months without
any problems. Moreover, there is nothing in the record to suggest that the police in
Turkey will engage in any further harassment if he were to return, which bolsters the
conclusion that Ozdemir’s incident was an isolated one. Accordingly, we will deny the
petition for review.
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