Volosciuc

Volosciuc v. Mukasey

Good Law
266 F. App'x 568
United States Court of Appeals for the Ninth CircuitFebruary 4, 2008No. 04-71125California287 words

Opinion

lead Opinion

MEMORANDUM *

Elena Anatole Volosciuc (“Volosciuc”), her husband, and their two children (col *569 lectively, “petitioners”) petition for review of the Board of Immigration Appeals’ order affirming the Immigration Judge’s (“IJ”) decision denying the petitioners’ application for asylum. 1 We have jurisdiction under 8 U.S.C. § 1252 , and we deny the petition.

Substantial evidence supports the IJ’s conclusion that Volosciuc was not persecuted on the basis of her ethnicity. The mistreatment Volosciuc suffered at work, even assuming it was because of her ethnicity, amounts to discrimination and harassment, not persecution. See Nagoulko v. INS, 333 F.3d 1012, 1016-17 (9th Cir.2003). Volosciuc presents no evidence that the head of the Moldavian Red Cross is a government actor, and she does not challenge on appeal the IJ’s finding that Volosciuc failed to demonstrate that the Moldavian government is unwilling or unable to control the Red Cross. See Ahmed v. Keisler, 504 F.3d 1183, 1191 (9th Cir.2007). The evidence does not compel the conclusion that the extortion Volosciuc suffered and threats she received were on the basis of her ethnicity. See Bolshakov v. INS, 133 F.3d 1279, 1281 (9th…

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