Petrenko
Petrenko v. Gonzales
Opinion
Lead Opinion
MEMORANDUM ***
Petro Petrenko, native of Uzbekistan and citizen of the Ukraine, petitions for review of the Board of Immigration Appeals’s decision affirming, without opinion, an immigration judge’s (“IJ”) denial of his application for asylum, withholding of removal, and relief under the Convention Against Torture. We have jurisdiction under 8 U.S.C. § 1252 . We review the IJ’s asylum eligibility determination for substantial evidence, Gormley v. Ashcroft, 364 F.3d 1172, 1176 (9th Cir.2004), and we deny the petition for review.
Petrenko alleged that he suffered past persecution in Ukraine and Uzbekistan on account of his Jewish identity. Substantial evidence supports the IJ’s determination that the incidents of discrimination described by Petrenko did not amount to persecution. See Halaim v. INS, 358 F.3d 1128, 1132 (9th Cir.2004) (discrimination and harassment do not constitute persecution).
Substantial evidence also supports the IJ’s decision that Petrenko did not establish the existence of a “pattern or practice” of persecution of Jews in Ukraine such that he could be eligible for withholding of removal without any showing of individualized harm. See 8 C.F.R. § 1208.13…