Vaid

MEMORANDUM

Petitioner Suchitra Devi Vaid, a Fijian native of Indian descent, petitions for review of the Board of Immigration Appeals’ (“BIA”) denial of her application for asylum and withholding of removal and the BIA’s subsequent denial of her motion to reopen. The BIA affirmed the IJ’s finding that Vaid failed to establish past persecution or a well-founded fear of persecution on account of her Indian ethnicity. Additionally, the BIA denied Vaid’s motion to reopen for adjustment of status or changed country conditions because she failed to present an immediately available visa as required for an adjustment status and failed to show materially changed country conditions. The petitions for review are denied.

1. The BIA’s findings are “conclusive unless any reasonable adjudicator would be compelled to conclude to the contrary.” 8 U.S.C. § 1252 (b)(4)(B); INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). To establish past persecution Vaid must show: (1) incidents that rise to the level of perse cution, (2) that the persecution is based on a protected ground, and (3) that the government was unwilling or unable to control the private actors…