Makelova

Makelova v. Gonzales

Good Law
150 F. App'x 710
United States Court of Appeals for the Ninth CircuitOctober 18, 2005No. 04-71373California300 words

Opinion

Lead Opinion

MEMORANDUM **

Monika Makelova, a native and citizen of Slovakia, petitions for review of the Board *711 of Immigration Appeals’ summary affirmance without opinion of an Immigration Judge’s (“IJ”) order denying her applications for asylum and withholding of removal and for protection under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review the IJ’s decision for substantial evidence, Ramos-Vasquez v. INS, 57 F.3d 857, 861 (9th Cir.1995), and we deny the petition for review.

The record does not compel the conclusion that the government was unable or unwilling to control the men who attacked and raped Makelova. Makelova testified that she did not report the incident to police and there is no other evidence in the record to show the government was aware of the crimes perpetrated against her. See Baballah v. Ashcroft, 367 F.3d 1067, 1078 (9th Cir.2004) (holding that where persecution is inflicted by nongovernmental actors, the court will consider whether an applicant reported the incident to the police, because a report of this nature may show governmental inability to control the actors).

As Makelova is unable to meet her burden of…

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.