Mikhaleva

Mikhaleva v. Gonzales

Good Law
167 F. App'x 633
United States Court of Appeals for the Ninth CircuitFebruary 16, 2006No. 03-73445California644 words

Opinion

Lead Opinion

MEMORANDUM **

Galina Mikhaleva, a native and citizen of Russia, appeals the Board of Immigration Appeals’ (“BIA”) decision affirming the Immigration Judge’s (“IJ”) denial of her application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review the BIA’s decision for substantial evidence, and may reverse the BIA’s decision only if the evidence compels a contrary conclusion. Xiaoguang Gu v. Gonzales, 429 F.3d 1209 , 2005 WL 3216826, at *2 (9th Cir. Dec.1, 2005). Because the BIA’s summary opinion relied on the IJ’s findings, we “look to the IJ’s oral decision as a guide to what lay behind the BIA’s conclusion.” Id. (quoting Avetova-Elisseva v. INS, 213 F.3d 1192,1197 (9th Cir.2000)).

To prevail on her asylum claim under the Immigration and Nationality Act, Mikhaleva must establish that she is a refugee. Id. “A ‘refugee’ is defined as an alien who is unable or unwilling to return to [her] home country ‘because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.’ ” Id. (quoting 8 U.S.C.…

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