Elena Danilova v. Eric Holder, Jr.

Good Law
577 F. App'x 654
United States Court of Appeals for the Ninth CircuitMay 29, 201410-72556California418 words

Opinion

Opinion

MEMORANDUM

Elena Danilova petitions for review of the Board of Immigration Appeals’ (“BIA”) decision affirming an Immigration Judge’s denial of her applications for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We review the factual determinations of the BIA for substantial evidence. Smolniakova v. Gonzales, 422 F.3d 1037, 1044 (9th Cir.2005). We have jurisdiction under 8 U.S.C. § 1252 (a)(1), and we deny the petition.

First, the evidence brought forth by Danilova is not sufficient to compel the conclusion that political opinions imputed to her by reason of having a Chechen boyfriend were “a central reason” for the mistreatment she suffered in Moldova. 8 U.S.C. § 1158 (b)(1)(B)(i). Substantial evidence supports the BIA’s determination that the Moldovan authorities were involved in a bona fide investigation into the boyfriend’s alleged criminal activities. Substantial evidence also supports the BIA’s conclusion that ethnic slurs used by police while mistreating Danilova did not show that her interracial relationship, rather than investigation of crime, was the reason for the Moldovan authorities’ interest in her. See Parussimova v.…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.