Linova

Linova v. Ashcroft

Good Law
94 F. App'x 539
United States Court of Appeals for the Ninth CircuitMarch 30, 2004No. 02-71580; Agency No. A70-810-627California433 words

Opinion

Lead Opinion

MEMORANDUM **

Daniela Koleva Linova, a native and citizen of Bulgaria, petitions for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of an immigration judge’s (“IJ”) denial of her application for asylum and withholding of deportation. Because the transitional rules apply, Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir. 1997), we have jurisdiction under 8 U.S.C. § 1105a(a). We deny the petition for review.

Substantial evidence supports the IJ’s finding that Linova failed to establish past persecution based on her opposition to the Communist Party. 1 See Lim v. INS, 224 F.3d 929, 936-37 (9th Cir.2000) (explaining that threats without more are generally insufficient to prove past persecution); see also Nagoulko v. INS, 333 F.3d 1012, 1016 (9th Cir.2003) (being fired from a job did not rise to the level of persecution); Ghaly v. INS, 58 F.3d 1425, 1431 (9th Cir.1995) (distinguishing between harassment and persecution).

Substantial evidence also supports the IJ’s finding that Linova failed to establish a well-founded fear of persecution based on unidentified individuals inquiring about her whereabouts. See Diaz-Escobar v. INS, 782 F.2d 1488, 1493 (9th Cir.1986)…

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