Vitalie Bondari v. Eric Holder

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: A205-102-887,A205-102-888. Copies to all parties and the district court/agency. [999535038].. [14-1896]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 14-1896

VITALIE ALEXANDRU BONDARI; OLGA SERGEEVNA VTYURINA,
Petitioners,
v.
ERIC H. HOLDER, JR., Attorney General,
Respondent.

On Petition for Review of an Order of the Board of Immigration
Appeals.

Submitted:

February 20, 2015

Decided:

February 25, 2015

Before WILKINSON, GREGORY, and KEENAN, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Joseph J. Rose, New York, New York, for Petitioners.
Joyce R.
Branda, Acting Assistant Attorney General, Anthony Payne,
Assistant Director, Jennifer Paisner Williams, Senior Litigation
Counsel, Office
of
Immigration
Litigation,
UNITED
STATES
DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Vitalie Alexandru Bondari, a native of the Soviet Union and
a citizen of Moldova, and his wife, Olga Sergeevna Vtyurina, a
native of the Soviet Union and a citizen of Russia, petition for
review of an order of the Board of Immigration Appeals (“Board”)
dismissing

their

appeal

from

the

immigration

judge’s

(“IJ”)

order denying Bondari’s applications for asylum, withholding of
removal,

and

(“CAT”). *

protection

under

the

Convention

Torture

Bondari claimed that he was persecuted in Moldova

because of his Roma-Georgian (“Roma”) heritage.
challenge the following findings of fact:
credible

witness;

supported

his

pattern

Against

or

(2)

claim;

practice

insufficient

(3)
of

the

(1) Bondari was not a

corroborating

Petitioners

persecution

The Petitioners

of

failed

Roma

in

to

evidence
show

Moldova;

a

and

(4) the Petitioners failed to show that it was more likely than
not that Bondari will be tortured if he returns to Moldova.

We

deny the petition for review.
Because the Board did not adopt the IJ’s opinion in whole
or

in

part,

our

review

is

limited

to

the

Board’s

order.

Martinez v. Holder, 740 F.3d 902, 908 & n.1 (4th Cir. 2014).
Upon reviewing the record, we conclude that substantial evidence

*

Bondari is the primary applicant for relief and Vtyurina
the derivative applicant.

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supports the Board’s reasons for finding no clear error in the
IJ’s adverse credibility determination.
737

F.3d

921,

testimony

926

(4th

regarding

his

See Hui Pan v. Holder,

Cir.

2013).

receipt

of

Bondari’s
documents

equivocal

from

Moldova

supporting his claim, and his failure to identify the pro-Roma
organization in which he claimed membership, both supported the
adverse credibility finding.
finding

that

the

We see no reason to disturb the

Petitioners

evidence

corroborating

practice

of

the

persecuting

failed

claims

Roma

in

or

to

submit

showing

Moldova.

a
See

sufficient
pattern
8

or

U.S.C.

§ 1252(b)(4)(B) (2012) (“[A]dministrative findings of fact are
conclusive unless any reasonable adjudicator would be compelled
to

conclude

to

the

contrary.”).

We

also

conclude

that

substantial evidence supports the finding that Bondari did not
demonstrate that he is more likely than not to be tortured in
Moldova, so he was not eligible for relief under the CAT.
Accordingly, we deny the petition for review.

We dispense

with oral argument because the facts and legal contentions are
adequately

presented

in

the

materials

before

this

court

and

argument would not aid the decisional process.
PETITION DENIED

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