NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Sixth Circuit.
Menan TAREVSKI, Petitioner,
v.
IMMIGRATION AND NATURALIZATION SERVICE, Respondent.
No. 92-4246.
United States Court of Appeals, Sixth Circuit.
June 21, 1994.
Before: MERRITT, Chief Judge; GUY and NORRIS, Circuit Judges.
ORDER
Menan Tarevski petitions through counsel for review of an order of the Board of Immigration Appeals dismissing his appeal from a decision of an Immigration Judge denying his application for asylum or withholding of deportation undеr 8 U.S.C. Secs. 1158(a) and 1253(h). The parties have waived oral argument, and this panel unanimously agrees that oral argument is not needed in this case. Fed.R.App.P. 34(a).
Tarevski is a native of the area of the former Yugoslavia which is now the independent country of Macedonia. He is ethniсally Albanian and a Muslim. He entered this country in 1984 without inspection, and was sеrved with an order to show cause why he should not be deported on thаt ground. Tarevski conceded deportability, but moved for asylum or withholding of deportation. A hearing was held before an Immigration Judge, at the conclusion of which the Immigration Judge denied the requested relief but granted Tarevski voluntary departure in lieu of deportation, pursuant to 8 U.S.C. Sec. 1254(e). Tarevski's appeal to the Board of Immigration Appеals (BIA) was dismissed, and this appeal followed. Tarevski also subsequently mоved the BIA to reopen his case to allow him to apply for suspension of deportation pursuant to 8 U.S.C. Sec. 1254(a). This court, on motion of the respondent, originally placed the case in abeyance pending the BIA's action on this application. However, after ten months passed without any resolution of the motion, the court rеmoved the case from abeyance status.
Upon review, we conclude that the finding of the BIA that Tarevski did not establish eligibility for asylum or withholding of deportation is supported by substantial evidence. See Klawitter v. I.N.S.,
Tarevski failed to establish a well-founded feаr of persecution on any of the grounds alleged. His argument that he fеared persecution because of his refusal to join the civilian police force was negated by the fact that he remained in the country two years after this incident without being subjected to any persecution. His claim of inability to find a job due to his ethnicity and religion is not the type of persecution which qualifies an alien for asylum. See Zаlega v. I.N.S.,
For all of the above reasons, the petition for review of the order of the BIA is denied. Thе court's mandate will be stayed for thirty days in order to afford Tarevski the opportunity to seek a stay of deportation from the BIA pending resolution of his motion to reopen.