Kenyeres v. Ashcroft, 538 U.S. 1301, 6 (2003)

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1306

KENYERES v. ASHCROFT

Opinion in Chambers

peals. Applicant argues that the Immigration Judge erroneously rejected his claim under the nonpolitical crime restriction of § 1231(b)(3)(B)(iii). He asserts that the Hungarian Government fabricated the embezzlement and fraud charges against him for political reasons. Whether these charges should be disregarded as fabricated depends on a question of fact. The Immigration Judge's findings in that respect are "conclusive unless any reasonable adjudicator would be compelled to conclude to the contrary." § 1252(b) (4)(B). Based on the record presented at the removal hearing, the Immigration Judge could find substantial grounds to believe that applicant committed serious financial crimes in Hungary. The record contains a translation of the Hungarian arrest warrant for embezzlement and aggravated fraud, as well as testimony that the warrant was obtained from Interpol, which the INS deems to be a reliable source. See App. E to Memorandum of Respondents in Opposition 100- 101, 135-136. In his own testimony applicant did not dispute that he was engaged in money laundering for organized crime. See id., at 111-112, 115-116, 120.

A reviewing court must uphold an administrative determination in an immigration case unless the evidence compels a conclusion to the contrary. INS v. Elias-Zacarias, 502 U. S. 478, 481, n. 1, 483-484 (1992); see also INS v. Orlando Ventura, 537 U. S. 12, 16 (2002) (per curiam). Given the factual findings of the Immigration Judge and the evidence in the record, applicant is unable to establish a reasonable likelihood that a reviewing court will be compelled to disagree with the decision of the BIA. Applicant's claim is not sufficiently meritorious to create a reasonable probability that four Members of this Court will vote to grant certiorari in his case. See, e. g., Bartlett v. Stephenson, 535 U. S. 1301, 1304-1305 (2002) (Rehnquist, C. J., in chambers); Lucas v. Townsend, 486 U. S. 1301, 1304 (1988) (Kennedy, J., in chambers). My assessment likely would be different in a case

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