Nedkova

Nedkova v. Ashcroft

Good Law
83 F. App'x 909
United States Court of Appeals for the Ninth CircuitDecember 12, 2003No. 02-72432; Agency No. A78-756-699California1,532 words

Opinion

Lead Opinion

MEMORANDUM ***

Petitioner Ralitsa Nedkova, a native and citizen of Bulgaria, petitions for review of the Board of Immigration Appeals’ (“BIA’s”) denial of withholding of removal under section 241(b)(3)(A) of the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1231 (b)(3)(A). Ms. Nedkova contests *910 the BIA’s determination that her treatment by the Bulgarian police and her ex-husband did not constitute persecution on the basis of her Romani, or gypsy, ethnicity. We have jurisdiction under INA section 242(a)(1), 8 U.S.C. § 1252 (a)(1).

In reviewing a BIA decision to deny withholding of removal, we undertake to determine whether the decision is supported by substantial evidence. Wang v. Ashcroft, 341 F.3d 1015, 1022 (9th Cir. 2003). Factual findings by the BIA are considered conclusive if supported by reasonable, substantial, and probative evidence in the record. Molina-Estrada v. INS, 293 F.3d 1089, 1093 (9th Cir.2002). We review questions of law, and the application of legal principles to facts, de novo. Singh v. Ilchert, 63 F.3d 1501, 1506 (9th Cir.1995).

Section 241(b)(3)(A) of the INA provides that an alien shall not be removed to a country if “the alien’s life or…

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