Makaeva

MEMORANDUM ***

Petitioner Irina Makaeva, a Russian citizen and ethnic Ossetian, appeals the denial of her application for asylum and withholding of removal by the Board of Immigration Appeals (“BIA”). Makaeva claimed that she had been persecuted on the basis of her ethnicity by Russian Cossacks and ethnic Ingush. The BIA found that Makaeva had not shown past persecution or a well-founded fear of future persecution. We find that the BIA made factual and legal errors in its decision, requiring us to vacate the BIA’s order and remand for reconsideration.

‘Where, as here, the BIA reviews the [Immigration Judge’s] decision de novo, our review is limited to the BIA’s decision.” Singh v. Ashcroft, 301 F.3d 1109, 1111 (9th Cir.2002). The BIA’s determination that Makaeva did not show past persecution or a well-founded fear of persecution is a factual question reviewed for substantial evidence. Pedro-Mateo v. INS, 224 F.3d 1147, 1150 (9th Cir.2000).

*798 The BIA’s finding that Makaeva has not shown past persecution “on account of race, religion, nationality, membership in a particular social group, or political opinion,” 8 U.S.C. § 1101 (a)(42)(A), is supported by substantial evidence.…