Koshkina v. Gonzales

135 F. App'x 824
CourtCourt of Appeals for the Sixth Circuit
DecidedJune 9, 2005
Docket04-3451
StatusUnpublished
Cited by2 cases

This text of 135 F. App'x 824 (Koshkina v. Gonzales) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Koshkina v. Gonzales, 135 F. App'x 824 (6th Cir. 2005).

Opinion

SUTTON, Circuit Judge.

Irina Koshkina, a citizen of Kazakhstan, claims that she suffered persecution in her native country (because she is Russian and an Eastern Orthodox Christian) and seeks asylum in the United States as a result. Because she has not established a well-founded fear of persecution — primarily because the events on which she relies to support her claim of past persecution either cannot be attributed to the government or do not rise to the level of persecution — we deny her petition for review.

I.

On September 23, 1998, Koshkina entered the United States as a visitor. Although she received permission to extend her stay until September 1999, she remained in the United States beyond that date, and in May 2000 the government charged her with being a removable alien. At her hearing, she conceded removability but applied for asylum, withholding of removal and protection under the Convention Against Torture.

Koshkina filed two asylum applications and testified orally at a hearing before the immigration judge (IJ). In her first application, she complained about discrimination and harassment in several employment settings and about an assault and “threat to [her] life and health.” JA 74. In 1994, for example, while Koshkina served as a panelist on a televised musical contest, the contest producer threatened to exclude her from the panel unless she engaged in “intimate relations” with him. JA 75. She refused and subsequently lost her position as a panel member. While working at a television station from 1994 to 1997, the station cut her salary in half and threatened to fire her because the station’s president (who happened to be the niece of Kazakhstan’s leader) disfavored Koshkina’s political and religious views. The station eventually fired Koshkina. While working at a different television station in 1997 as part of the “Good Morning, Moscow” program, JA 42, the program’s producer threatened to fire her unless she engaged in “intimate relationships” with him, JA 75, and later threatened her with “harsh treatment,” JA 76. Approximately a week after these threats, *826 two men attacked Koshkina, struck her on the head, closed her mouth with a piece of cloth and threatened that she would be killed if she “cause[d] troubles to [their] mutual acquaintance” or told anyone about the attack. JA 76. During her testimony at the hearing (but not in her application), she stated that one of the men raped her during this encounter. In 1998, three men came to her door and threatened her again.

Her second application and her testimony at the hearing focused on different events. Reaching back further in her personal history, she testified that she was born in Kazakhstan in 1962 (when the country was part of the Soviet Union) and that she classified herself as a Russian and as a Christian. When Koshkina was only one or two years old, a Kazakh neighbor killed Koshkina’s uncle (who was himself only seven years old) because the neighbor “didn’t like Russian settlers.” JA 33. When Koshkina was five years old, two Kazakh boys hit her in the stomach while saying that she “was a Russian who should be beaten.” JA 62. Several years later, when Koshkina was eight or nine, her father was arrested and jailed for one year under false charges relating to his medical practice. The leadership of the medical clinic wanted to remove him because he was Russian, Koshkina claims, and as a result they “fabricated a case” against him. JA 36; see also JA 37 (stating that he was put in prison because “Kazak[hs] simply hated him”). While her application stated that her father was “murdered because of his religion” after his release from jail, JA 62, Koshkina gave a different account at the hearing, making no mention of murder: When asked at the hearing how he died, she replied, “He was sick in the, in the prison. His health was completely bad.” JA37.

In her second application and at the hearing, Koshkina also relied on incidents that occurred after she became an adult. In 1994, she was struck by a piece of glass thrown by a group of Kazakhs (or presumably someone in the group) who were “screaming for everyone to get out of their country.” JA 40. The resulting cut caused a scar under her eye. In 1995, she received another facial scar when she was hit by “some little pebbles and stone[s]” thrown by Muslim students on her way home from church. JA 41. (In her first application, she claimed the incident happened when she was entering church and that she was hit by some wood.)

After reading both applications and hearing her testimony, the IJ concluded that Koshkina was not a credible witness. He described her testimony as “a continued embellishment,” JA 19, and found that she had failed to establish that she had been persecuted in the past on account of race, religion or political opinion or that she had shown a likelihood of future persecution should she return to Kazakhstan. The Board of Immigration Appeals affirmed. It reasoned that the incidents, even if true, did not rise to the level of persecution because Koshkina did not show that the government was responsible for the incidents or “that the attackers were those that the government was unwilling or unable to control.” JA 3. In this appeal, Koshkina challenges only the denial of her asylum request, making no mention of the denial of her request for withholding of removal or of her request for protection under the Convention Against Torture.

II.

When considering a petition for review of a Board of Immigration Appeals decision, we give fresh review to the Board’s legal conclusions. Mostafa v. Ashcroft, 395 F.3d 622, 624 (6th Cir.2005). The Board’s factual findings, by contrast, are reviewed under a substantial evidence standard, which “requires us to uphold the *827 Board’s findings as long as they are ‘supported by reasonable, substantial, and probative evidence on the record considered as a whole.’ ” Id. (quoting INS v. EliasZacarias, 502 U.S. 478, 481, 112 S.Ct. 812, 117 L.Ed.2d 38 (1992)). To reverse the Board’s “factual determinations, the reviewing court must find that the evidence not only supports a contrary conclusion, but indeed compels it.” Santana-Albarran v. Ashcroft, 393 F.3d 699, 705 (6th Cir.2005).

To qualify as a refugee, an applicant for asylum must be “unable or unwilling to return to ... [the applicant’s] country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.” 8 U.S.C. § 1101. An applicant who “can establish that he or she has suffered persecution in the past ... shall also be presumed to have a well-founded fear of persecution” if returned to the country in the future. 8 C.F.R. § 208.13(b)(1).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Datesj Patel-Manjulaben v. Eric H. Holder, Jr.
330 F. App'x 588 (Sixth Circuit, 2009)
Gromovik v. Gonzales
148 F. App'x 479 (Sixth Circuit, 2005)

Cite This Page — Counsel Stack

Bluebook (online)
135 F. App'x 824, Counsel Stack Legal Research, https://law.counselstack.com/opinion/koshkina-v-gonzales-ca6-2005.