Volkova

MEMORANDUM **

Natalia Volkova, a native and citizen of Ukraine, petitions for review of the Board of Immigration Appeals’ (“BIA”) dismissal of her appeal from an immigration judge’s (“IJ”) denial of her application for asylum and withholding of deportation and the BIA’s denial of her motion to reopen. Because the transitional rules apply, see Rua-no v. Ashcroft, 301 F.3d 1155, 1159 (9th Cir.2002), we have jurisdiction pursuant to 8 U.S.C. § 1105a(a). We review the denial of asylum and withholding of deportation for substantial evidence, see Ghaly v. INS, 58 F.3d 1425, 1429 (9th Cir.1995), and the denial of a motion to reopen for abuse of discretion, Ontiveros-Lopez v. INS, 213 F.3d 1121, 1124 (9th Cir.2000). In 01-70762, we deny the petition. In 02-72374, we deny the petition in part, grant it in part and remand.

In 01-70762, the State Department reports and the testimony of Volkova’s own witness provided substantial evidence to support the IJ’s conclusion that country conditions had changed sufficiently to rebut the presumption of well-founded fear of future persecution that arose when Vol-kova demonstrated past persecution because of her religion. See Marcu v. INS, 147 F.3d…