Gerchikova

Gerchikova v. Ashcroft

Good Law
107 F. App'x 87
United States Court of Appeals for the Ninth CircuitAugust 18, 2004Nos. 02-71721, 03-74030California454 words

Opinion

Lead Opinion

MEMORANDUM **

Petitioner Karina Gerchikova-Yager (“Gerchikova”) appeals the Board of Immigration Appeals’ (“BIA”) order of removal and reaffirmation of an earlier order in which it affirmed the Immigration Judge’s (“IJ”) denial of asylum. Gerchikova, a native and citizen of Uzbekistan, seeks asylum on the basis of her purportedly well-founded fear of persecution on account of religion and ethnicity if she is required to be repatriated to Uzbekistan. We have jurisdiction over the appeal pursuant to 8 U.S.C. § 1252 . We affirm the BIA, and deny Gerchikova’s petition for review.

Gerchikova argues that the BIA erred in denying her applieation for asylum. Substantial evidence supports the conclusion that Gerchikova did not previously suffer persecution in Uzbekistan. Our cases have developed a demanding standard for demonstrating persecution, Nagoulko v. INS, 333 F.3d 1012, 1016 (9th Cir.2003) (“Persecution is ‘the infliction of suffering or harm upon those who differ ... in a way regarded as offensive.’ Persecution, however, is ‘an extreme concept that does not include every sort of treatment our society regards as offensive.’ ”), which Gerchikova cannot satisfy. The routine…

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