Chaforost

Chaforost v. Gonzales

Good Law
218 F. App'x 668
United States Court of Appeals for the Ninth CircuitJanuary 17, 2007No. 05-70895California363 words

Opinion

Lead Opinion

*669 MEMORANDUM **

Larissa Ivanovna Chaforost, and her husband Vladmir Braginsky, are natives and citizens of Russia. Petitioners seek review of the Board of Immigration Appeals’ (“BIA”) affirmance of the Immigration Judge’s (“IJ”) denial of their application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 . We deny in part; grant in part and remand.

Chaforost’s due process contention fails because she does not indicate how the IJ’s conduct at the hearing and the alleged omissions from the record prejudiced the outcome of her hearing. See Hartooni v. INS, 21 F.3d 336, 340 (9th Cir.1994). We deny the petition as to the due process contention.

Substantial evidence does not support the denial of Chaforost’s asylum application. The IJ found that Chaforost did not suffer past persecution, or have a well-founded fear of future persecution. We conclude that the cumulative effect of discrimination and anti-Semitic violence and threats that Chaforost experienced compels the conclusion that Chaforost suffered past persecution. See Smolniakova v. Gonzales, 422 F.3d 1037, 1048-50 (9th Cir. 2005) (court held that petitioner’s single assault alone compelled…

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