Kocheleva

Kocheleva v. Holder

Good Law
336 F. App'x 664
United States Court of Appeals for the Ninth CircuitJune 22, 2009No. 05-71750California390 words

Opinion

Lead Opinion

MEMORANDUM ***

Natalia Kocheleva petitions for review of the order by the Board of Immigration Appeals (“BIA”) summarily affirming the Immigration Judge’s (“IJ”) denial of her application for asylum, withholding of removal, and relief under the Convention Against Torture. We review the BIA’s findings of fact for substantial evidence and consider such findings “conclusive unless any reasonable adjudicator would be compelled to conclude the 'contrary.” 8 U.S.C. § 1252 (b)(4)(B); INS v. Elias-Zacarias, 502 U.S. 478, 483-84 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992).

Kocheleva sought asylum based on her contention that she was persecuted for being Jewish in Russia. Although we do not find substantial evidence to support all of the reasons given by the IJ for finding Kocheleva not credible, one reason that goes to the heart of Kocheleva’s claim is supported by the record. See Chebchoub v. INS, 257 F.3d 1038, 1043 (9th Cir.2001).

Kocheleva testified she was attacked on account of her Jewish ethnicity and that she feared she would be killed if she returned to Russia, yet she voluntarily returned twice after going to Greece and Spain. Kocheleva provided no legitimate *666 reason for her…

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