Bournakov

MEMORANDUM **

Oleg Bournakov and Oksana Bournakova petition for review of an order of the Board of Immigration Appeals (BIA) denying their applications for asylum, withholding of removal, and relief under the Convention Against Torture. The Immigration Judge (IJ) found Bournakov credible but held that his experiences constituted discrimination rather than persecution. The BIA dismissed the Bournakovs’ appeal. In them petition, they contend principally that the evidence compels a finding that Bournakov suffered past persecution on account of his religion.

We review the BIA’s decision for substantial evidence. Kaur v. Ashcroft, 379 F.3d 876, 884 (9th Cir.2004). When the BIA conducts an independent review of the IJ’s findings, we review the BIA’s decision and not that of the IJ. Hernandez-Guadarrama v. Ashcroft, 394 F.3d 674, 679 (9th Cir.2005). “A denial must be upheld if supported by ‘reasonable, substantial and probative evidence’ in the record.” Kaur, 379 F.3d at 884 . The court “must affirm when it is possible to draw two inconsistent conclusions from the evidence.” Pedro-Mateo v. INS, 224 F.3d 1147, 1150 (9th Cir.2000).

To be eligible for asylum, an applicant must…