Yatskin v. Immigr. & Naturalization Serv., 255 F.3d 5 (1st Cir. 2001). · Go Syfert
Yatskin v. Immigr. & Naturalization Serv., 255 F.3d 5 (1st Cir. 2001). Cases Citing This Book View Copy Cite
“reviewing court should judge the action of an administrative agency based only on reasoning provided by the agency.”
72 citation events (72 in the last 25 years) across 9 distinct courts.
Strongest positive: Pelaez v. INS (ca1, 2003-05-22)
Treatment trajectory · 2002 → 2026 · click a year to view as-of
2002 2014 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Pelaez v. INS (2×) also: Cited as authority (rule)
1st Cir. · 2003 · signal: see · quote attribution · 1 verbatim quote · confidence high
reviewing court should judge the action of an administrative agency based only on reasoning provided by the agency.
discussed Cited as authority (rule) Muchiri v. Blanche
1st Cir. · 2026 · confidence medium
Generally, however, "a reviewing court should judge the action of an administrative agency based only on reasoning provided by the agency, and not based on grounds constructed by the reviewing court." Yatskin v. INS, 255 F.3d 5, 9 (1st Cir. 2001).
cited Cited as authority (rule) (PS) Bibb v. Shasta County Health and Human Agency
E.D. Cal. · 2023 · confidence medium
Green v. City of Tucson, 255 F.3d 5 1086, 1093 (9th Cir.2001) (en banc) overruled on other grounds by Gilbertson, 381 F.3d 965 .
discussed Cited as authority (rule) Hernandez-Martinez v. Garland
1st Cir. · 2023 · confidence medium
Rather, we "judge the action of [the BIA] based only on reasoning provided by the agency, not based on grounds constructed by the reviewing court." Mihaylov v. Ashcroft, 379 F.3d 15 , 21 (1st Cir. 2004) (alteration in original) (quoting Yatskin v. INS, 255 F.3d 5, 9 (1st Cir. 2001)).
discussed Cited as authority (rule) (PC) Villery v. California Department of Corrections
E.D. Cal. · 2021 · confidence medium
No. 126.) 1 “A Rule 59(e) motion may be granted if ‘(1) the district court is presented with newly 2 discovered evidence, (2) the district court committed clear error or made an initial decision that 3 was manifestly unjust, or (3) there is an intervening change in controlling law.’” Ybarra v. 4 McDaniel, 656 F.3d 984, 998 (9th Cir. 2011) (quoting Zimmerman v. City of Oakland, 255 F.3d 5 734, 737 (9th Cir. 2001)).
discussed Cited as authority (rule) Exavier v. Holder, Jr.
1st Cir. · 2015 · confidence medium
That presumption can be rebutted, however, if the government shows, by a preponderance of the evidence, “that conditions in the country of the applicant’s nationality have changed ‘such that the applicant no longer has a well-founded fear of persecution.’ ” Yatskin v. I.N.S., 255 F.3d 5, 9 (1st Cir.2001) (quoting 8 C.F.R. § 208.13 (b)(1)(i)(A)).
discussed Cited as authority (rule) Mejia v. Holder
1st Cir. · 2014 · confidence medium
Generally, “our review is limited to the reasoning articulated below,” Patel, 707 F.3d at 80 n. 1, and we have emphasized that “[a] reviewing court should judge the action of [the BIA] based only on reasoning provided by the agency, not based on grounds constructed by the reviewing court,” Mihaylov v. Ashcroft, 379 F.3d 15 , 21 (1st Cir.2004) (alteration in original) (quoting Yatskin v. INS, 255 F.3d 5, 9 (1st Cir.2001)) (internal quotation marks omitted).
discussed Cited as authority (rule) Ruci v. Holder, Jr.
1st Cir. · 2013 · confidence medium
The government may then rebut that presumption through a preponderance of evidence showing that “conditions in the country of the applicant’s nationality have changed such that the applicant no longer has a well-founded fear of persecution.” Yatskin v. I.N.S., 255 F.3d 5, 9 (1st Cir.2001) (internal quotation marks omitted).
discussed Cited as authority (rule) Kinisu v. Holder
1st Cir. · 2013 · confidence medium
We review the IJ’s factual findings using the “substantial evidence” standard, Yatskin v. INS, 255 F.3d 5, 9 (1st Cir.2001), a “quite deferential” standard of review under which we will treat the IJ’s findings as “conclusive if ‘supported by reasonable, substantial, and probative evidence on the record considered as a whole.’ ” Mediouni v. INS, 314 F.3d 24, 27 (1st Cir.2002) (quoting INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992)).
discussed Cited as authority (rule) Khattak v. Holder, Jr.
1st Cir. · 2013 · confidence medium
But as we have emphasized, “[a] reviewing court should judge the action of [the BIA] based only on reasoning provided by the agency, not based on grounds constructed by the reviewing court.” Mihaylov v. Ashcroft, 379 F.3d 15 , 21 (1st Cir.2004) (second alteration in original) (quoting Yatskin v. INS, 255 F.3d 5, 9 (1st Cir.2001)) (internal quotation marks omitted).
discussed Cited as authority (rule) Visca Imelda v. U.S. Attorney General
11th Cir. · 2010 · confidence medium
Mehmeti v. U.S. Att’y Gen., 572 F.3d 1196, 1200 (11th Cir. 2009) (per curiam). 10 persecuted the petitioner has been taken out of power, dissolved, or assimilated into the government.6 Courts have also found a fundamental change where the government has undertaken significant reforms to redress past problems, such as punishing persecutors or establishing certain freedoms by law, or where the evidence demonstrates a substantial decline in violence against persecuted groups.7 6 See, e.g., Milanouic v. Holder, 591 F.3d 566, 570 (7th Cir. 2010) (presumption from past persecution by Slobodan Milo…
discussed Cited as authority (rule) Visca Imelda v. U.S. Attorney General (2×)
11th Cir. · 2010 · confidence medium
See, e.g., Milanouic v. Holder, 591 F.3d 566, 570 (7th Cir.2010) (presumption from past persecution by Slobodan Milosevic and the Socialist party was rebutted by removal of Milosevic from power); Gitimu, 581 F.3d at 774 (presumption from past persecution due to membership in political party rebutted when the leader of that party was elected President of Kenya, there were no reports of political killings or arrests, and petitioner’s family remained in Kenya without persecution); Lybesha v. Holder, 569 F.3d 877 , 881— 82 (8th Cir.2009) (presumption from past persecution due to membership in …
discussed Cited as authority (rule) Visca Imelda v. U.S. Attorney General
11th Cir. · 2010 · confidence medium
Mehmeti v. U.S. Att’y Gen., 572 F.3d 1196, 1200 (11th Cir. 2009) (per curiam). 10 persecuted the petitioner has been taken out of power, dissolved, or assimilated into the government.6 Courts have also found a fundamental change where the government has undertaken significant reforms to redress past problems, such as punishing persecutors or establishing certain freedoms by law, or where the evidence demonstrates a substantial decline in violence against persecuted groups.7 6 See, e.g., Milanouic v. Holder, 591 F.3d 566, 570 (7th Cir. 2010) (presumption from past persecution by Slobodan Milo…
cited Cited as authority (rule) Benito v. Mukasey
1st Cir. · 2008 · confidence medium
We have previously noted this failure can “unnecessarily complicate[ ] our review.” Yatskin v. INS, 255 F.3d 5, 9 (1st Cir.2001).
cited Cited as authority (rule) Wiratama v. Mukasey
1st Cir. · 2008 · confidence medium
As we have previously *7 explained, the failure to make specific findings as to past persecution “unnecessarily complicates our review.” Yatskin v. INS, 255 F.3d 5, 9 (1st Cir.2001).
discussed Cited as authority (rule) Sok v. Mukasey
1st Cir. · 2008 · confidence medium
See Palma-Mazariegos v. Gonzales, 428 F.3d 30, 35 (1st Cir.2005) (distinguishing between cases in which “the issue of future persecution is [so] close [that] the allocation of burden of proof matters,” and cases where “the issue of future persecution is so clear-cut that the allocation ... does not matter,” and holding that in the latter genre the Court of Appeals may affirm the agency’s flawed decision despite the possible triggering of the regulatory presumption); Yatskin v. I.N.S., 255 F.3d 5, 10 (1st Cir.2001) (similar).
discussed Cited as authority (rule) Lin Zhong v. United States Department of Justice, Attorney General Gonzales (2×)
2d Cir. · 2007 · confidence medium
See, e.g., Jin Shui Qiu, 329 F.3d at 149 (stating that we may affirm a decision of the BIA only upon the basis of such reasoning as was applied by the Board); see also SEC v. Chenery Corp., 332 U.S. 194, 196 , 67 S.Ct. 1575 , 91 L.Ed. 1995 (1947) (“[A] reviewing court, in dealing with a determination or judgment which an administrative agency alone is authorized to make, must judge the propriety of such action solely by the grounds invoked by the agency.”); Yatskin v. INS, 255 F.3d 5, 9 (1st Cir.2001) (“[A] reviewing court should judge the action of an administrative agency based only on…
cited Cited as authority (rule) Chávez-Oliva v. Gonzáles
1st Cir. · 2006 · confidence medium
Yatskin v. INS, 255 F.3d 5, 9 (1st Cir.2001); 8 C.F.R. § 208.13 (b)(1).
discussed Cited as authority (rule) Lin Zhong v. United States Department of Justice, Attorney General Gonzales (2×)
2d Cir. · 2006 · confidence medium
See, e.g., Jin Shui Qiu, 329 F.3d at 149 (stating that we may affirm a decision of the BIA only upon the basis of such reasoning as was applied by the Board); see also SEC v. Chenery Corp., 332 U.S. 194, 196 , 67 S.Ct. 1575 , 91 L.Ed. 1995 (1947) (“[A] reviewing court, in dealing with a determination or judgment which an administrative agency alone is authorized to make, must judge the propriety of such action solely by the grounds invoked by the agency.”); Yatskin v. INS, 255 F.3d 5, 9 (1st Cir.2001) (“[A] reviewing court should judge the action of an administrative agency based only on…
discussed Cited as authority (rule) Sou, Srey v. Gonzales
1st Cir. · 2006 · confidence medium
El Moraghy, 331 F.3d at 203 ; Yatskin v. Immigration and Naturalization Serv., 255 F.3d 5, 9 (1st Cir.2001). 13 The Board determined that petitioners had not met their burden by proffering sufficient evidence in support of their application for asylum.
discussed Cited as authority (rule) Waweru v. Gonzales (2×) also: Cited "see"
1st Cir. · 2006 · confidence medium
See, e.g., Hernandez-Barrera v. Ashcroft, 373 F.3d 9, 24-25 (1st Cir.2004); Quevedo v. Ashcroft, 336 F.3d 39, 44-45 (1st Cir.2003); Yatskin v. INS, 255 F.3d 5, 10 (1st Cir.2001); Fergiste v. INS, 138 F.3d 14, 19-20 (1st Cir.1998). 2 .
discussed Cited as authority (rule) Negeya v. Ashcroft (2×) also: Cited "see"
1st Cir. · 2005 · confidence medium
Yatskin, 255 F.3d at 10.
cited Cited as authority (rule) Gjyzi v. Ashcroft
6th Cir. · 2004 · confidence medium
See El Moraghy v. Ashcroft, 331 F.3d 195, 204 (1st Cir. 2003); Yatskin v. I.N.S., 255 F.3d 5, at 9 (1st Cir. 2001).
cited Cited as authority (rule) Viktor Gjyzi v. John Ashcroft, Attorney General Carol Jenifer, District Director Immigration and Naturalization Service
6th Cir. · 2004 · confidence medium
See El Moraghy v. Ashcroft, 331 F.3d 195, 204 (1st Cir.2003); Yatskin v. I.N.S., 255 F.3d 5, at 9 (1st Cir.2001).
discussed Cited as authority (rule) Mihaylov v. John Ashcroft (2×) also: Cited "see"
1st Cir. · 2004 · confidence medium
“A reviewing court should judge the action of [the BIA] based only on reasoning provided by the agency, not based on grounds constructed by the reviewing court,” Yatskin v. INS, 255 F.3d 5, 9 (1st Cir.2001), and “that basis must be set forth with such clarity as to be understandable,” Gailius, 147 F.3d at 46-47 .
cited Cited as authority (rule) Bachir v. Immigration & Naturalization Service
1st Cir. · 2004 · confidence medium
Mediouni v. INS, 814 F.3d 24, 26 (1st Cir.2002) (citing Yatskin v. INS, 255 F.3d 5, 9 (1st Cir.2001)).
discussed Cited as authority (rule) Kurshumi v. Ashcroft
1st Cir. · 2004 · confidence medium
We will not reverse the BIA’s decision unless the record evidence would compel a reasonable factfinder to make a contrary determination.” Yatskin v. INS, 255 F.3d 5, 9 (1st Cir. *176 2001) (citation and quotation marks omitted).
discussed Cited as authority (rule) Mei Guan Lin v. Ashcroft
1st Cir. · 2004 · confidence medium
Qin v. Ashcroft, 360 F.3d 302, 306 (1st Cir.2004), citing Yatskin v. INS, 255 F.3d 5, 9 (1st Cir.2001): Under 8 U.S.C. § 1101 (a)(42), a person who has been submitted to a forced sterilization and/or persecution for failure or resistance to submit to a sterilization procedure, as well as a person who has the well-founded fear of such future sterilization or persecution, is deemed to have been persecuted or have a well-founded fear of persecution on account of political opinion.
discussed Cited as authority (rule) Khalil v. Ashcroft
1st Cir. · 2004 · confidence medium
On July 24, 2003, this court affirmed the BIA’s denial of asylum and withholding of deportation and reinstated the thirty-day period of voluntary departure originally granted by the BIA, citing Yatskin v. INS, 255 F.3d 5, 11 (1st Cir.2001).
cited Cited as authority (rule) Sam Neang Keo Chan v. Ashcroft
1st Cir. · 2004 · confidence medium
Mediouni v. INS, 314 F.3d 24, 26 (1st Cir.2002) (citing Yatskin v. INS, 255 F.3d 5, 9 (1st Cir.2001)).
discussed Cited as authority (rule) Lin Qin v. Ashcroft
1st Cir. · 2004 · confidence medium
An applicant can qualify as a “refugee,” and thus for consideration for asylum, either “(1) by demonstrating past persecution, thus creating a presumption of a well-founded fear of persecution; or (2) by demonstrating a well-founded fear of persecution.” Yatskin v. INS, 255 F.3d 5, 9 (1st Cir.2001).
cited Cited as authority (rule) Sovann Khem v. John Ashcroft, United States Attorney General
1st Cir. · 2003 · confidence medium
Yatskin v. INS, 255 F.3d 5, 9 (1st Cir.2001); 8 C.F.R. § 208.13 (b)(1).
discussed Cited as authority (rule) Keo v. Board of Immigration
1st Cir. · 2003 · confidence medium
El Moraghy, 331 F.3d at 202-03 ; Yatskin v. INS, 255 F.3d 5, 9 (1st Cir.2001). 11 Although Keo claimed in his asylum application that he was subject to past persecution from 1975 until 1979 at the hands of the Khmer Rouge, his appeal rests primarily on the claim that he has a well-founded fear of future persecution.
cited Cited as authority (rule) Keo v. Ashcroft
1st Cir. · 2003 · confidence medium
El Moraghy, 331 F.3d at 202-03 ; Yatskin v. INS, 255 F.3d 5, 9 (1st Cir.2001).
discussed Cited as authority (rule) Khalil v. Ashcroft (2×) also: Cited "see"
1st Cir. · 2003 · confidence medium
A petitioner can do so either: “(1) by demonstrating past persecution, thus creating a presumption of a well-founded fear of persecution; or (2) by demonstrating a well-founded fear of persecution.” Yatskin v. INS, 255 F.3d 5, 9 (1st Cir.2001) (citing 8 C.F.R. § 208.13 (b)).
discussed Cited as authority (rule) Quevedo v. Ashcroft (2×) also: Cited "see"
1st Cir. · 2003 · confidence medium
A petitioner can do so by two routes: “(1) by demonstrating past persecution, thus creating a presumption of a well-founded fear of persecution; or (2) by *44 demonstrating a well-founded fear of persecution.” Yatskin v. INS, 255 F.3d 5, 9 (1st Cir.2001) (citing 8 C.F.R. § 208.13 (b)).
discussed Cited as authority (rule) El Moraghy v. Ashcroft (2×) also: Cited "see, e.g."
1st Cir. · 2003 · confidence medium
A petitioner can do so by two routes: “(1) by demonstrating past persecution, thus creating a presumption of a well-founded fear of persecution; or (2) by demonstrating a well-founded fear of persecution.” Yatskin v. INS, 255 F.3d 5, 9 (1st Cir.2001) (citing 8 *203 C.F.R. § 208.13(b)).
cited Cited as authority (rule) Guzman v. Immigration & Naturalization Service
1st Cir. · 2003 · confidence medium
Yatskin v. INS, 255 F.3d 5, 9 (1st Cir.2001).
cited Cited as authority (rule) Mediouni v. Immigration & Naturalization Service
1st Cir. · 2002 · confidence medium
Yatskin v. INS, 255 F.3d 5, 9 (1st Cir.2001); Cordero-Trejo v. INS, 40 F.3d 482, 487 (1st Cir.1994).
cited Cited "see" Hernandez-Mendez v. Garland
1st Cir. · 2023 · signal: see · confidence high
See Yatskin v. INS, 255 F.3d 5, 9 (1st Cir. 2001).
discussed Cited "see" Mendez Esteban v. Garland
1st Cir. · 2023 · signal: see · confidence high
See Yatskin v. I.N.S., 255 F.3d 5, 10-11 (1st Cir. 2001) (considering lack of harm to remaining family in changed conditions calculus where "[a]fter testifying that his family had suffered retribution for his [anti-communist] political actions, [petitioner] admitted that they had not experienced any problems" since the fall of the Soviet Union).
discussed Cited "see" Montano-Hernandez v. Attorney General
3rd Cir. · 2008 · signal: see · confidence high
See Yatskin v. INS, 255 F.3d 5, 9 (1st Cir. 2001) ("[A] reviewing court should judge the action of an administrative agency based only on reasoning provided by the agency .... ”); see also SEC v. Chenery Corp., 332 U.S. 194, 196 , 67 S.Ct. 1575 , 91 L.Ed. 1995 (1947).
cited Cited "see" Chreng v. Gonzales
1st Cir. · 2006 · signal: see · confidence high
See Yatskin v. INS, 255 F.3d 5, 10 (1st Cir.2001).
discussed Cited "see" Jaya v. Ashcroft (2×)
1st Cir. · 2005 · signal: see · confidence high
See Yatskin v. INS, 255 F.3d 5, 9 (1st Cir. 2001).
discussed Cited "see" Diab v. Ashcroft
1st Cir. · 2005 · signal: see · confidence high
An applicant can meet this burden in one of two ways; (1) by demonstrating a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion, or (2) by proving past persecution on account of one of the aforementioned grounds, which entitles an applicant to a presumption of a well-founded fear of persecution. 8 U.S.C. § 1101 (a)(42)(A); 8 C.F.R. § 208.13 (b); see Yatskin v. INS, 255 F.3d 5, 9 (1st Cir.2001).
discussed Cited "see" ORTIZ ROSADO EX REL. ROSADO GUITIERREZ v. Barnhart
D. Mass. · 2004 · signal: see · confidence high
See Yatskin v. INS, 255 F.3d 5, 9 (1st Cir.2001) (“Following administrative law principles a reviewing court should judge the actions of an administrative agency based only on reasoning provided by the agency, and not based on grounds constructed by the reviewing court.”); DeLoatche v. Heckler, 715 F.2d 148, 150 (4th Cir.1983) (“Judicial review of an administrative decision is impossible without an adequate explanation of that decision by the administrator.”).
discussed Cited "see" David Wachira Ngarurih v. John D. Ashcroft, Attorney General of the United States (2×)
4th Cir. · 2004 · signal: see · confidence high
See Yatskin v. INS, 255 F.3d 5, 11 (1st Cir.2001) (a permanent rules case citing Alvarez-Flores v. INS, 909 F.2d 1, 8 (1st Cir.1990), a pre-IIRIRA decision).
discussed Cited "see" Fidel Angel Hernandez-Barrera v. John Ashcroft, Attorney General
1st Cir. · 2004 · signal: see · confidence high
See Yatskin v. INS, 255 F.3d 5, 9 (1st Cir.2001) ("[A] reviewing court should judge the action of an administrative agency based only on reasoning provided by the agency, and not based on grounds constructed by the reviewing court.”). 10 .
discussed Cited "see" Violeta I. Garcia v. John Ashcroft, Attorney General, Felipe Santiago Cortegana v. John Ashcroft, Attorney General
9th Cir. · 2004 · signal: see · confidence high
See Velasquez, 342 F.3d at 59 (citing Khalil v. Ashcroft, 337 F.3d 50, 56 (1st Cir.2003) (citing Yatskin v. INS, 255 F.3d 5, 11 (1st Cir.2001) (citing Alvarez-Flores v. INS, 909 F.2d 1, 8 (1st Cir.1990)))).
cited Cited "see" Yongo v. Immigration & Naturalization Service
1st Cir. · 2004 · signal: see · confidence high
See Yatskin v. INS, 255 F.3d 5, 9 (1st Cir.2001); 8 C.F.R. § 208.13 (b)(2003).
Retrieving the full opinion text from the archive…
Yury YATSKIN, Petitioner, Appellant,
v.
IMMIGRATION AND NATURALIZATION SERVICE, Respondent, Appellee
00-1743.
Court of Appeals for the First Circuit.
Jul 6, 2001.
255 F.3d 5
John H. Ruginski, Jr., for petitioner., Lyle D. Jentzer, with whom David W. Ogden, Assistant Attorney General and Terri J. Scadron, Senior Litigation Counsel, were on brief, for respondent.
Boudin, Torruella, Stahl.
Cited by 63 opinions  |  Published
TORRUELLA, Circuit Judge.

Appellant Yury Yatskin, a Russian citizen, appeals a final order of deportation issued by the Board of Immigration Appeals (“BIA”). Affirming the oral decision[*7] of the immigration judge, the BIA held in a per curiam order that Yatskin had failed to show that he had suffered persecution on account of his anti-Communist beliefs or that he would face mistreatment due to such beliefs if he were to return to Russia. We affirm.

BACKGROUND

Yatskin is a seaman by trade who jumped ship in Providence, Rhode Island on January 4, 1994. He immediately requested asylum. While conceding his de-portability, Yatskin sought asylum pursuant to Section 208(a) of the Immigration and Nationality Act (“INA”), 8 U.S.C. §§ 1158(a) & 1101(a)(42)(A), withholding of deportation under Section 243(h) of the INA, 8 U.S.C. § 1253(h), [1] and, in the alternative, voluntary departure. As grounds for his asylum request, Yatskin claimed that he would be persecuted for his antiCommunist beliefs by the Communists who remain in Russia if he were compelled to return there.

In his Statement in Support of Application for Political Asylum, Yatskin gave the following account. As a teenager, he had been encouraged repeatedly to join the Communist youth group, Comsomol, which he refused to do. This led to clashes with administrators and teachers at his high school. Following high school, he worked in a track company, [2] where he was often in conflict with Party officials at the factory over his outspoken criticism of the Communist government. In June 1979, Yats-kin was arrested by the KGB and held for three days, during which time he was beaten. He suffered a broken arm and shoulder from the beatings, and spent six weeks in the hospital recovering. Upon his release, Yatskin learned that he had been fired from the track company.

In August 1979, Yatskin found work in a coal mine but was fired shortly thereafter for problems with Party officials. He served a compulsory military term from 1980 through 1982, and caused no trouble there after being warned that he would be dealt with severely otherwise.

In 1982, Yatskin could not find work in his hometown of Lugansk, Ukraine because his opposition to the Communist government was well-known. His youngest brother also could not find work, purportedly due to Yatskin’s outspokenness. His older brother was fired from his job for the same reason. Yatskin moved to Murmansk, Russia in an effort to secure employment. He was hired in 1984 to work on a fishing trawler, and immediately quarreled with the resident KGB officer on the ship. The KGB officer told Yatskin that the KGB was watching him and knew all that he had done. For the next seven years, Yatskin avoided problems with the Communists.

In 1991, while in port in Boston, Massachusetts, the attempted coup by Communist hardliners against the Gorbachev government took place in Russia. Several of the crew, led by Yatskin, wanted to “send a message to Boris Yeltsin in support of his efforts” 3 through the ship’s telegraph. The ship’s captain refused their request to send the message, but they did so anyway. Back in Murmansk in October 1993, Yats-kin observed a protest march by the Communists, which he characterized as “illegal.” He objected to their protest and was[*8] beaten as a result. A Mend later called and told him that the Communists were out to get him.

Yatskin concluded his written statement by claiming that the Communists still retain control of many branches of the Russian government, including the KGB and other organizations, and that he would be persecuted by the Communists if he were to return to Russia.

Yatskin’s oral testimony before the immigration judge varied, sometimes substantially, from his written statement. Most critically, he testified to two additional arrests, one in 1991 upon his return to Russia and following the incident of unauthorized message sending, and again in 1993 following his protest of the Communist march. When asked why the 1991 and 1993 arrests were not contained in his written statement, Yatskin claimed that he had a poor Russian interpreter. He could offer no further explanation as to why the 1991 and 1993 arrests were omitted from his application.

The immigration judge ruled against Yatskin’s petition for asylum in an oral decision on October 25, 1996. Taking “administrative notice” that Boris Yeltsin was the current, democratically-elected president of Russia, and finding that there was no evidence in the record to support Yats-kin’s assertion that the Communists were still in control of Russia, the judge held that Yatskin had failed to meet his burden of showing that he would be persecuted or had a well-founded fear of persecution if he were to return to Russia. As to Yats-kin’s withholding of deportation petition, the immigration judge noted that the burden of proof is higher than that necessary to qualify for asylum. [4] Since Yatskin did not meet his burden for asylum, the immigration judge held that he had also failed to do so for withholding of deportation. The judge allowed the motion for voluntary departure in lieu of deportation.

In a per curiam opinion, the BIA dismissed Yatskin’s appeal. Finding the evidence insufficient to show that Yatskin was either persecuted in the past on the basis of his anti-Communist beliefs or that he had a well-founded fear of persecution if he were to return to Russia, the BIA upheld the determination of the immigration judge. [5] The BIA also granted Yats-kin voluntary departure within thirty days of the order.

DISCUSSION

Deportation proceedings were initiated against Yatskin prior to April 1, 1997 and the final deportation order issued after October 31, 1996. This case, therefore, is governed by the “transitional rules” for judicial review found in the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRIRA”), Pub.L. No. 104-208, Div. C, § 309(c)(4), 110 Stat. 3009-546, 3009-625 to 627. The transitional rules dictate that former Section 106 of the INA applies, which states: “the petition shall be determined solely upon the administrative record upon which the deportation order is based and the Attorney General’s findings of fact, if supported by reasonable, substantial, and probative evidence on the record considered as a whole, shall be conclusive.” 8 U.S.C. § 1105a(a)(4) (repealed).

[*9] As dictated by the above statute, we review a denial of a petition for asylum by the BIA under a substantial evidence standard. We will not reverse the BIA’s decision unless “the record evidence would compel a reasonable factfinder to make a contrary determination.” Aguilar-Solis v. INS, 168 F.3d 565, 569 (1st Cir.1999). Put more strongly, Yatskin “must show that the evidence he presented was so compelling that no reasonable factfinder could fail to find” that he was eligible for asylum. INS v. Elias-Zacarias, 502 U.S. 478, 483-84, 112 S.Ct. 812, 117 L.Ed.2d 38 (1992).

In order to obtain asylum, Yatskin bears the burden of proving that he qualifies as a “refugee.” See 8 U.S.C. § 1158(b)(1); 8 C.F.R. § 208.13(a). A “refugee” is defined as someone unwilling or unable to return to his country of nationality and unwilling or unable to avail himself of the protection of that country due to “persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.” 8 U.S.C. § 1101(a)(42)(A). A petitioner can meet this burden in one of two ways: (1) by demonstrating past persecution, thus creating a presumption of a well-founded fear of persecution; or (2) by demonstrating a well-founded fear of persecution. 8 C.F.R. § 208.13(b); see, e.g., Morales v. INS, 208 F.3d 323, 329 (1st Cir.2000) (on rehearing).

If an applicant can prove past persecution, a regulatory presumption that the applicant has a well-founded fear of future persecution is triggered. 8 C.F.R. § 208.13(b)(1). The burden then shifts to the INS to show by a preponderance of the evidence, id. § 208.13(b)(l)(ii), that conditions in the country of the applicant’s nationality have changed “such that the applicant no longer has a well-founded fear of persecution,” id. § 208.13(b)(1)(i) (A). Yatskin argues that he demonstrated past persecution, and thus should be entitled to the well-founded fear presumption. The INS contradicts this claim, citing the BIA conclusion that “the evidence is insufficient to show that the respondent was persecuted on account of his anti-communist beliefs.”

In finding Yatskin to be ineligible for asylum, neither the immigration judge nor the BIA provided much basis for their conclusions. The immigration judge failed to make any determination as to whether Yatskin had proven past persecution, instead stating unilaterally that he failed to show a well-founded fear of persecution, and citing only the changed political situation in Russia since the time that Yatskin left in 1993. The BIA offered little more. While the latter decision stated that Yats-kin had not established past persecution or a well-founded fear of future persecution, it purported to uphold the immigration judge’s “determination” as to both points. The order then pointed to the Department of State Country Report for Russia detailing the changed conditions since Yatskin was last there. There was no substantive commentary concerning the evidence Yats-kin provided in support of his claim. As such, we have no explanation for the BIA’s statement that Yatskin’s testimony failed to demonstrate past persecution.

This failure unnecessarily complicates- our review. We have emphasized the need for “clear administrative findings” justifying BIA decisions. Gailius v. INS, 147 F.3d 34, 44 (1st Cir.1998). Following administrative law principles, a reviewing court should judge the action of an administrative agency based only on reasoning provided by the agency, and not based on grounds constructed by the reviewing court. Id. As such, we are reluctant to analyze the BIA’s blanket statement that Yatskin failed to prove past persecution.

[*10] However, even crediting Yatskin with establishing past persecution (and the attendant rebuttable presumption of a reasonable fear of future persecution), the evidence of changed conditions in Russia is sufficient to justify the BIA’s denial of asylum. The 1995 United States Department of State “Profile of Asylum Claims and Country Conditions” for Russia, contained in the administrative record and cited by the BIA, states the following in reference to claims for asylum brought by anti-Communists: “It is highly unlikely that an individual returning to Russia now would face mistreatment because of any political views expressed or actions taken in the late eighties or early nineties, even if that individual suffered for those actions at that time.” Bureau of Democracy, Human Rights & Labor, U.S. Dep’t of State, Russia-Profile of Asylum Claims & Country Conditions 5 (May 1995). [6]

In this case, the absence of any evidence either to contradict the State Department report or to show why general improved conditions do not affect Yatskin’s particular risk of persecution leads us to the conclusion that Yatskin does not have an objectively reasonable fear of persecution. See Aguilar-Solis, 168 F.3d at 572. In holding this, we are mindful of our prior statement that: “Abstract ‘changed country conditions,’ do not automatically trump the specific evidence presented by the appellant.” Fergiste v. INS, 138 F.3d 14, 19 (1st Cir.1998). Of particular concern is the risk that the BIA might weigh reports of general changed conditions in a country over that of an individual’s particular, substantiated fear of persecution. See Gaili-us, 147 F.3d at 45-46; Fergiste, 138 F.3d at 19.

On the other hand, “[cjhanged country conditions often speak volumes about the objective reasonableness of an alien’s fear that persecution lurks should he return to his homeland.” Aguilar-Solis, 168 F.3d at 572. While it is true that courts have discounted the relevance of State Department reports of improved country conditions, this is usually the case when the petitioner has presented powerful evidence that his particular fear of persecution remains well-founded. Reviewing the record as a whole, 8 U.S.C. § 1105a(a)(4), we find that this is not such a case.

In so ruling, we accept all of Yatskin’s testimony as true, despite the apparent inconsistencies in his story relating to the number of times and durations of his arrests. See Gailius, 147 F.3d at 44 (“No finding was made by the agency, and it is for the agency, not the courts, to make findings of fact.”). Even doing so, we find that Yatskin has introduced no evidence of threats of persecution since the early 1990s, when, according to the State Department report, conditions in Russia for anti-Communists changed significantly. See Aguilar-Solis, 168 F.3d at 573. When asked why he still feared persecution given the improved conditions in Russia, Yatskin could offer only that, according to his sources, [7] very little has changed in Russia. When asked: “[W]hat do you feel would happen to you if you went back to Russia at this time?,” Yatskin replied that he wasn’t sure. After testifying that his family had suffered retribution for his political actions, Yatskin admitted that they had not experienced any problems since 1993.

[*11] The testimony offered by Yatskin in favor of his asylum petition fails to undermine the State Department report that the situation in Russia has changed since the early 1990s in any way. See, e.g., Gailius, 147 F.3d at 46 (petitioner produced expert witness testimony on conditions of petitioner’s country that contradicted State Department report). The report is clear that the improved conditions occurred subsequent to Yatskin’s departure from Russia. See, e.g., Galina v. INS, 213 F.3d 955, 959 (7th Cir.2000) (report did not state that conditions had improved in petitioner’s country). Nor did he offer any evidence of threats to him or his family since that time. See, e.g., Vallecillo-Castillo v. INS, 121 F.3d 1237, 1239-40 (9th Cir.1996) (petitioner gave testimony of threats to family after country conditions allegedly improved). As illustrated above, Yatskin relies exclusively on his own “conclusory assertions of continuing danger.” Aguilar-Solis, 168 F.3d at 572-73. Because of this, we hold that the presumption of a well-founded fear of future persecution has been effectively rebutted by the uncontested evidence of changed political conditions in Russia.

It may be tempting to summarily dismiss claims of political persecution brought by anti-Communists since the dismantling of the Soviet Union. That being said, this does not absolve an immigration judge’s or the BIA’s responsibility for offering precise, fact-specific justifications for denying such an asylum application. A failure to do so will only result in unduly complicated review and needless remands for further determinations.

Yatskin’s previously granted petition for voluntary departure is reinstated. See Alvarez-Flores v. INS, 909 F.2d 1, 8 (1st Cir.1990). The 30-day voluntary departure period shall commence on the date of the issuance of this Court’s final mandate. The decision of the BIA is affirmed.

1

. This statute was rewritten in 1996, and is now found at 8 U.S.C. § 1231(b)(3) in substantially the same form.

2

. There is no explanation in the record of precisely what a “track company” is.

3

.Yeltsin, who had been elected President of Russia in 1990, opposed the coup leaders and called for the restoration of Gorbachev to his position as President of the Soviet Union.

4

. We have held the same. See, e.g., Aguilar-Solis v. INS, 168 F.3d 565, 569 n. 3 (1st Cir.1999). Perhaps recognizing such, Yatskin has not appealed the denial of his petition for withholding of deportation.

5

. It has been correctly pointed out by both sides that the immigration judge made no finding on whether Yatskin had successfully demonstrated past persecution.

6

. Although the report is now six years old, Yatskin has made no allegation that the situation in Russia has changed since that time in a way that would affect his asylum claim.

7

. Yatskin stated that he reads Russian newspapers and calls home regularly. When asked how often he spoke with his family, he replied that he had spoken with one of his brothers three or four times since leaving Russia.