Baldaeva

Baldaeva v. Holder

Good Law
357 F. App'x 795
United States Court of Appeals for the Ninth CircuitNovember 23, 200907-75099California500 words

Opinion

Opinion

MEMORANDUM

Elena V. Baldaeva, a native of the Bur-yat Republic and a citizen of the Russian Federation, petitions for review of the BIA’s order dismissing her appeal from an IJ’s decision denying her application for asylum. Baldaeva’s co-petitioner is her Romanian husband, Raul Petrisor, whose claim is derivative of his wife’s application. We deny the petition.

Substantial evidence supports the BIA’s finding that Baldaeva suffered no past persecution. The harassment, discrimination, and rudeness that she experienced, even considered cumulatively, did not rise to the level of persecution. See Kumar v. Gonzales, 439 F.3d 520, 524 (9th Cir.2006). Because she suffered no past persecution, Baldaeva bears the burden of establishing that she has a well-founded fear of persecution and cannot reasonably relocate within Russia. 8 C.F.R. § 1208.13 (b)(3)(i).

Substantial evidence also supports the BIA’s determination that Baldaeva does not face a well-founded fear of future persecution. Her evidence of racially motivated violence was limited to certain metropolitan areas, and Baldaeva did not meet her burden of establishing the unreasonableness of relocating to another part of…

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