Timoshchuk v. Sessions

FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT December 8, 2017 _________________________________ Elisabeth A. Shumaker Clerk of Court MAKSIM VLADIMIROVIC TIMOSHCHUK, a/k/a Mad Max, a/k/a Mad One, a/k/a Maksim Vladimar Timoshchuk, Petitioner, No. 17-9518 v. (Petition for Review) JEFFERSON B. SESSIONS, III, United States Attorney General, Respondent. _________________________________ ORDER AND JUDGMENT* _________________________________ Before TYMKOVICH, Chief Judge, HARTZ and O’BRIEN, Circuit Judges. _________________________________ Maksim Timoshchuk, a native and citizen of Ukraine proceeding pro se, seeks review of the decision of the Board of Immigration Appeals (BIA) upholding an immigration judge’s (IJ) order denying his application for asylum, cancellation of removal, and protection under the Convention Against Torture (CAT). We dismiss the petition for review for lack of jurisdiction. * After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist in the determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument. This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1. Timoshchuk was brought to the United States with his family in 2002 at the age of nine as a refugee. In 2005, he adjusted status to lawful permanent resident. In April 2015, he was convicted on guilty pleas in Colorado state court of forgery, in violation of Colo. Rev. Stat. § 18-5-102(1)(e), and possession of methamphetamine and heroin, in violation of Colo. Rev. Stat. § 18-18-403.5(1) & (2)(a). He was sentenced to probation. In August 2015, his probation was revoked and he was sentenced to three years in prison. He was released after serving eleven months and was then taken into custody by Immigration and Customs Enforcement (ICE). Timoshchuk conceded his removability and admitted his criminal convictions. He filed for asylum, withholding of removal, and CAT protection. Applying 8 U.S.C. § 1158(b)(2)(A)(ii) & (B)(i), the IJ determined Timoshchuk was ineligible for asylum because he had been convicted of an aggravated felony—the Colorado forgery conviction. The IJ then addressed Timoshchuk’s request for cancellation of removal and CAT protection. Although the IJ found his testimony credible, the IJ determined the events Timoshchuk and his family had endured in Ukraine, allegedly due to their Pentecostal Christian faith, did not rise to the level of persecution. The IJ further determined Timoshchuk had not demonstrated a reasonable fear of future persecution based on his Pentecostal religious beliefs or his political opinion. The IJ then concluded Timoshchuk had not submitted sufficient evidence to establish he was more likely than not to be tortured by the Ukrainian government, and therefore rejected the CAT claim. Timoshchuk appealed to the BIA, arguing the IJ erred in finding he had not established past persecution or a reasonable fear of future 2 persecution based on his religious ...

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