Valentina A. Nagoulko v. Immigration and Naturalization Service

Petitioner Valentina Nagoulko is a 42 year old female native and citizen of the Ukraine. She entered the United States in October 1994 as a non-immigrant visitor. When her visa expired on March 31, 1995, she remained in the United States and filed an asylum application with the INS. The asylum application was denied on May 18, 1995. The INS then placed Nagoulko in deportation proceedings. Na-goulko conceded deportability, but she applied for relief from deportation in the form of asylum, 8 U.S.C. § 1158 , and withholding of deportation, 8 U.S.C. § 1253 (h).

After an evidentiary hearing, which was held on April 10, 1996, the Immigration Judge (IJ) issued a decision on January 9, 1997, finding Nagoulko’s testimony to be credible but nevertheless determining that Nagoulko was ineligible for asylum and withholding of deportation. The IJ reasoned that although Nagoulko demonstrated a subjective fear of persecution, she could not show her fear was objectively reasonable. On appeal, the Board of Immigration Appeals (BIA) issued a per cu-riam decision on February 27, 2002, adopting the reasoning of the IJ and dismissing the appeal. Nagoulko timely petitions for review. We have…