Rozaliya Mygalyuk v. Eric H. Holder Jr.

MEMORANDUM

Rozaliya Mygalyuk and Mykhailo Benderliy, natives of the Soviet Union and citizens of Ukraine, petition for review of the Board of Immigration Appeals’ order dismissing their appeal from an immigration judge’s (“IJ”) decision denying Mygalyuk’s application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009), and deny the petition for review.

Substantial evidence supports the IJ’s finding that Mygalyuk did not suffer past persecution because the discrimination and harassment she endured did not constitute persecution, even when considered cumulatively. See Halaim v. INS, 358 F.3d 1128, 1132 (9th Cir.2004). Further, substantial evidence supports the IJ’s conclusion that Mygalyuk failed to demonstrate a well-founded fear of persecution. See Nagoulko v. INS, 333 F.3d 1012, 1018 (9th Cir.2003); Hakeem v. INS, 273 F.3d 812, 816 (9th Cir.2001) (claim weakened or undercut when the applicant returns to the country or similarly-situated family members remain there without incident). Accordingly,…