Background
Dmitrii Tropskii, a native of Russia, sought asylum, withholding of removal, and protection under the Convention Against Torture after being ordered removed to Armenia or Russia. He alleged past persecution and fear of future harm due to his political opposition to the Russian government, involvement with Alexei Navalny’s organization, and refusal to comply with a military conscription notice. The immigration judge found Tropskii credible but determined he failed to establish a well-founded fear of persecution or a likelihood of torture, noting his multiple safe visits to Russia after leaving in 2022.
The court’s reasoning
The Fifth Circuit applied the substantial evidence standard to review the agency’s factual determinations. The court affirmed that Tropskii failed to show a well-founded fear of persecution because his repeated visits to Russia without incident undermined the claim that the government had an inclination to punish him. Regarding conscription, the court held that a two-year prison sentence for evasion was not disproportionately severe and that Tropskii’s refusal to serve meant he would not be required to engage in inhumane conduct. The court also found the petitioner failed to meet the higher clear probability standard for withholding of removal and the likelihood of torture standard for the Convention Against Torture.
What it means going forward
The petition for review is denied, the motion for stay of removal is denied as moot, and the administrative stay is vacated, allowing for the petitioner’s removal to Armenia or Russia.