Tatayana Tabatchikova v. Eric H. Holder Jr.

MEMORANDUM

Tatiana Tabatchnikova petitions for review of the decision by the Bureau of Immigration Appeals (“BIA”) denying her withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 , and we deny the petition for review in part and dismiss it in part.

1. Substantial evidence supports the immigration judge’s (“U’s”) conclusion that Tabatchnikova is not entitled to withholding of removal. Tabatchnikova did not establish past persecution because she failed to show that the incidents she cites were committed “by government officials or by individuals that the government is unable or unwilling to control.” Donchev v. Mukasey, 553 F.3d 1206, 1213 (9th Cir.2009). Furthermore, these incidents do not rise to the level of persecution under our case law. See, e.g., Halim v. Holder, 590 F.3d 971, 975-76, 980 (9th Cir.2009); Wakkary v. Holder, 558 F.3d 1049, 1059-60 (9th Cir.2009); Nagoulko v. INS, 333 F.3d 1012, 1016-18 (9th Cir.2003); Hoxha v. Ashcroft, 319 F.3d 1179, 1182 (9th Cir.2003); see also Donchev, 553 F.3d at 1213 (“ ‘Persecution is an extreme concept’ that means something considerably more than discrimination or harassment.” (citation omitted)). Finally, the…