UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

STEPHAN BACHVAROV,
Petitioner,

v.
                                                                        No. 98-2333
U.S. IMMIGRATION & NATURALIZATION
SERVICE,
Respondent.

On Petition for Review of an Order
of the Board of Immigration Appeals.
(A73-725-109)

Submitted: February 26, 1999

Decided: March 22, 1999

Before WIDENER and ERVIN, Circuit Judges, and
BUTZNER, Senior Circuit Judge.

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Affirmed by unpublished per curiam opinion.

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COUNSEL

Antoinette J. Rizzi, Falls Church, Virginia, for Petitioner. Frank W.
Hunger, Assistant Attorney General, Civil Division, Carl H. McIn-
tyre, Jr., Senior Litigation Counsel, Joseph F. Ciolino, Office of
Immigration Litigation, UNITED STATES DEPARTMENT OF JUS-
TICE, Washington, D.C., for Respondent.

_________________________________________________________________
Unpublished opinions are not binding precedent in this circuit. See
Local Rule 36(c).

_________________________________________________________________

OPINION

PER CURIAM:

Stephan Bachvarov appeals the Board of Immigration Appeals'
(BIA) order affirming an immigration judge's (IJ) decision denying
relief on his application for asylum and withholding of deportation.
We affirm.

Bachvarov came to the United States from Bulgaria as a nonimmi-
grant visitor for business and stayed beyond the authorized period.
The Immigration and Naturalization Service (INS) commenced
deportation proceedings against Bachvarov. Bachvarov conceded
deportability and sought asylum and withholding of deportation.
Bachvarov testified before the IJ that he began experiencing problems
with "racketeers" after he opened a retail store in Bulgaria. The racke-
teers demanded money in exchange for "protection." Bachvarov and
his family refused to pay the racketeers any money, and the racketeers
responded by visiting the store and calling every few days. They
threatened to kill Bachvarov's mother and to kidnap his nephew. On
one occasion, the racketeers vandalized the store and stole merchan-
dise and money. On another occasion, they beat Bachvarov and
smashed his car windshield with a baseball bat. Bachvarov eventually
closed the store.

At the deportation hearing, the IJ found Bachvarov deportable and
denied his application for asylum and withholding of deportation. The
IJ held that the extortion and harassment experienced by Bachvarov
was done with the purpose of extorting money and not on account of
any of the statutory grounds. The BIA adopted the reasoning of the
IJ and dismissed Bachvarov's appeal.

To establish eligibility for a grant of asylum, an alien must demon-
strate that he is a refugee within the meaning of the Immigration and
Nationality Act (Act). The Act defines a refugee as a person unable

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or unwilling to return to his native country "because of persecution
or a well-founded fear of persecution on account of race, religion,
nationality, membership in a particular social group, or political opin-
ion." 8 U.S.C.A. § 1101(a)(42)(A) (West Supp. 1998); see M.A. v.
INS, 

, 307 (4th Cir. 1990) (en banc). The alien bears the
burden of proving that he is a refugee as defined by the Act. See 8
C.F.R. § 208.13(a) (1998).

We review the BIA's determination under the deferential substan-
tial evidence standard. See INS v. Elias-Zacarias, 

, 481
(1992). The BIA's decision will not be reversed unless the evidence
"was so compelling that no reasonable factfinder could fail to find the
requisite fear of persecution." 

see Cruz-Diaz v. INS, 

, 331 (4th Cir. 1996).

We have reviewed the record, briefs and pertinent case law in this
matter. We conclude that the BIA's decision adopting the reasoning
of the IJ is supported by substantial evidence and is without reversible
error. Accordingly, we affirm on the reasoning of the BIA. See
Bachvarov v. INS, No. A73-725-109 (B.I.A. Aug. 13, 1998). We dis-
pense with oral argument because the facts and legal conclusions are
adequately presented in the materials before the court and argument
would not aid the decisional process.

AFFIRMED

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