Zhurbin

MEMORANDUM

Ivan Zhurbin and Evgenia Borodikhnia petition for review of the BIA’s denial of their applications for asylum, withholding of removal, and relief under the Convention Against Torture. Tigran Hayrape-tyan petitions for review of the BIA’s denial of his motion to reopen proceedings for the purpose of filing an independent asylum application based on changed country conditions. We deny the petitions.

Petitioners failed to administratively exhaust their inconsistent treatment argument, because they did not raise this argument in their briefs to the BIA. Abebe v. Mukasey, 554 F.3d 1203, 1208 (9th Cir.2009) (en banc). Accordingly, we lack jurisdiction over this issue. Id.

Substantial evidence supports the BIA’s conclusion that the police’s detention of Borodikhnia and detention and brief beating of Zhurbin did not rise to the level of persecution. See Prasad v. INS, 47 F.3d 336, 339-40 (9th Cir.1995). Substantial evidence also supports the BIA’s conclusion that the government was not unwilling or unable to control the skinheads in Omsk and Novosibirsk. Among other evidence, the record shows that police prevented disruption of the Student Democratic Union’s scheduled…