Irina Luchina v. U.S. Attorney General

687 F. App'x 907
CourtCourt of Appeals for the Eleventh Circuit
DecidedMay 9, 2017
Docket15-15069 Non-Argument Calendar
StatusUnpublished

This text of 687 F. App'x 907 (Irina Luchina v. U.S. Attorney General) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Irina Luchina v. U.S. Attorney General, 687 F. App'x 907 (11th Cir. 2017).

Opinion

PER CURIAM:

Irina Luchina, a native , and citizen of Moldova, petitions for review of the Board of Immigration Appeals’s (“BIA”) dismissal of her appeal of the Immigration Judge’s (“IJ”) denial of her application for withholding of removal pursuant to the Immigration and Nationality Act (“INA”). Before the IJ, Luchina contended that, because of her Romani (gypsy) ethnicity, she had been persecuted in the past while living in Moldova and, if returned, she would be persecuted again. The IJ found that Luchina’s testimony was not credible, that she had failed to provide reasonably available corroborating evidence, and that she did not establish either past persecution or a likelihood of future persecution. Luchina appealed the IJ’s decision to the BIA, but, significantly, she did not challenge the IJ’s findings as to her credibility or to the need for corroborating evidence. The BIA affirmed and adopted the IJ’s decision.

In her petition for review before this Court, Luchina challenges each aspect of the IJ’s decision. She contends that the adverse credibility determination was not supported by specific, cogent reasons, that the IJ made unreasonable demands for corroborating evidence, and that the evidence she produced was sufficient to show both past persecution and a likelihood of future persecution on account of her ethnicity. However, because she did not challenge before the BIA the findings as to her credibility and to the need for corroboration, we lack jurisdiction to consider these arguments on appeal. And because these findings are dispositive as to her claim of past persecution, we deny the petition as *909 to this claim. With regard to Luchina’s claim of future persecution, substantial evidence in the record supports the IJ’s determination that there was not a clear probability that Luchina would suffer persecution if returned to Moldova. Accordingly, we dismiss in part and deny in part the petition for review.

I. Background

Luchina is a native and citizen of Moldova who entered the United States in May 2009 with authorization to remain until September 2009. In August 2011, the Department of Homeland Security (“DHS”) served her with a notice to appear, charging that she was removable for having overstayed her visa.

Luchina conceded removability and, in October 2013, Luchina filed an application for withholding of removal. 1 Luchina claimed that, as an ethnic Romani in Moldova, she had faced discrimination, beatings, and threats by both government agents and Moldovan citizens. She feared being harassed, raped, abused, or killed if she returned to Moldova.

A Luchina’s Application and Supporting Evidence

At the merits hearing on her application in April 2014, Luchina, represented by counsel, testified primarily through an interpreter. We first summarize this testimony before discussing the other evidence she submitted.

Luchina was born in 1988 in a village on the eastern side of Moldova near the border with Transnistria, a breakaway region of ambiguous legal status. Luchina was considered to be of Romani ethnicity because her father is Roma, while her mother is Moldovan. Luchina’s village was small, so everyone knew that she and her father were Roma, and people in her village used derogatory names towards her.

In the early 1990s, when she was five or six years old, Luchina and some other children went to a river near the border with Transnistria where Moldovan military personnel were present. One of the soldiers picked her up and threw her into the river, stating, “Even, if she’s going to drown, there’s not much of a loss. One gypsy more, one gypsy less, that doesn’t count.!’ She did not know how to swim, but she was able to make it back to the' bank of the river. On other occasions, military personnel would take her bicycle from her, push her to the ground, and spit on her. Luchina explained that the soldiers knew her ethnicity because they interacted with the villagers and because her physical appearance and clothing made her. recognizable as Roma anywhere in Moldova.

In primary school, other kids often would push Luchina around, drag her by her hair, trip her, and kick her after she fell, even though her teacher at the time was a family friend .who tried to protect her. When she transferred to middle school, her teacher placed her in the last desk in the class because she was tall and a gypsy, and she would .be punished if she tried to talk to her classmates. Her parents complained about the teacher’s treatment, and Luchina was transferred to a different class because it had the fewest students in it. Also, when she was in seventh grade, a classmate kicked her in the head during a game. Luchina and her parents complained to the director of the *910 school and her teacher, but the other child was not disciplined in any way.

In May 2003, Luchina was attacked by a police officer while participating in a 5K run with her classmates. As the class passed by a police station, one of the officers, whom Luchina identified by name, grabbed her by the hair, threw her to the ground, and began kicking her repeatedly. The officer hit or kicked her more than five times, fracturing her collarbone, and then grabbed her from the ground and threw her into the crowd of her classmates. The officer claimed that he had the full right to do that to her because she was nobody. The officer said a slur that, according to Luchina, roughly translated to “gypsy throwing,” “dirty blood,” or “second-grade human being.” When she tried to file a police report, she was told that she was young, would heal, and should just go home.

Luchina attended the Technical University of Moldova in the capital city of Chisinau. While in a park in Chisinau in December 2006, Luchina was approached by two police officers who were on patrol. The officers checked Luchina’s documents and then proceeded to beat her “quite severely,” causing big bruises on the side of her body. The officers said that “dirty gypsies” had no place in the city and that she should go back to her village and milk cows. She reported the incident but she did not have the officers’ names, so the case was closed. Luchina’s mother tried but was unable to obtain the police report.

In August 2008, a Moldovan SWAT team raided her family’s house in search of guns left over from the 1992 war with Transnistria. The SWAT officers said that her family, as gypsies, must have something hidden because gypsies usually did. She stated that the officers hit her father and shut her and her brother in a storage shed near the house. After the raid, Luchi-na’s father was fined $600 because the officers claimed to have found a bullet casing.

Luchina ■ entered the United States in May 2009 on a J-l non-immigrant visitor visa. She was arrested in February 2011 and went to trial for participating in a prostitution ring. She was acquitted on all charges, but she made the news back in Moldova. In December 2013, her brother was beaten up by an officer of the village who said it would not be good for Luchina to come back if she were a “dirty gypsy prostitute.” Later, her father was beaten up by the same officer.

Luchina stated that relocation within Moldova would not make much sense, because the country was small, the people were all the same, and she would not be able to hide.

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687 F. App'x 907, Counsel Stack Legal Research, https://law.counselstack.com/opinion/irina-luchina-v-us-attorney-general-ca11-2017.