Danielian
Danielian v. Immigration & Naturalization Service
Opinion
Lead Opinion
MEMORANDUM **
Vardouhi Danielian, a native and citizen of Armenia, appeals pro se the decision of the Board of Immigration Appeals (“BIA”) affirming the immigration judge’s (“IJ”) denial of her application for asylum and withholding of deportation under 8 U.S.C. §§ 1158 (a) and 1253(h). Danielian claims that she suffered past persecution by the Armenian government and her former husband and has a well-founded fear that she will be persecuted upon her return because of her anti-communist political beliefs. We deny the petition for review.
I. Asylum
The Attorney General may, in his or her discretion, grant asylum to an applicant determined to be a “refugee.” See 8 U.S.C. § 1158 (b); INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992); Korablina v. INS, 158 F.3d 1038, 1043 (9th Cir.1998). A refugee is an alien who cannot get protection from his or her home country against persecution on account of a statutorily protected characteristic, such as a political opinion. See 8 U.S.C. § 1101 (a)(42)(A). Danielian has the burden to prove that she qualifies as a refugee. See 8 C.F.R. § 208.13 (a).