Baltoyan
Baltoyan v. Gonzales
Opinion
Lead Opinion
MEMORANDUM **
Arshalous Baltoyan, a native of Abkhazia and citizen of Russia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen and affii'ming an immigration judge’s (“IJ”) order denying her applications for .asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for substantial evidence the BIA’s factual determinations, Andriasian v. INS, 180 F.3d 1033, 1040 (9th Cir.1999), and review the BIA’s denial of a motion to reopen for abuse of discretion, Singh v. INS, 213 F.3d 1050, 1052 (9th Cir.2000). We deny the petition for review.
Substantial evidence supports the IJ’s finding that, even if Baltoyan timely filed an asylum application, she is not eligible for asylum or withholding of removal because she was not persecuted and her fear of future persecution is not objectively reasonable. The incidents Baltoyan described of Cossacks breaking in to her home, Cossacks tipping over her basket at the market and hitting her in the head, Cossacks refusing to pay for a meal at her restaurant and ripping her shirt, and police detaining her for…