Petrenko

Petrenko v. Gonzales

Good Law
134 F. App'x 174
United States Court of Appeals for the Ninth CircuitJune 14, 2005No. 03-71649California355 words

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…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.