Olga Shipilova v. Eric Holder, Jr.

401 F. App'x 39
CourtCourt of Appeals for the Sixth Circuit
DecidedNovember 2, 2010
Docket09-3895
StatusUnpublished

This text of 401 F. App'x 39 (Olga Shipilova v. Eric Holder, Jr.) 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
Olga Shipilova v. Eric Holder, Jr., 401 F. App'x 39 (6th Cir. 2010).

Opinion

GRIFFIN, Circuit Judge.

Olga Shipilova, a native and citizen of Russia, petitions for review of an order of *40 the Board of Immigration Appeals (“BIA” or “Board”) affirming an immigration judge’s (“IJ”) denial of her application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). 1 Shipilova argues that the BIA erred by adopting and affirming: (1) the IJ’s finding that she was not credible; and (2) the IJ’s finding that her asylum claim was insufficiently corroborated. Because each of these arguments lack merit, we deny the petition for review.

I.

Shipilova entered the United States on July 2, 2002, as an exchange visitor with authorization to remain in the country for a temporary period not to exceed October 10, 2002. On February 24, 2003, Shipilova applied for asylum, withholding of removal, and protection under the CAT. The government subsequently served Shipilova with a notice to appear (“NTA”), charging her with removability under § 237(a)(1)(B) of the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1227(a)(1)(B), for remaining in the United States beyond October 10, 2002, without authorization.

In her asylum application, Shipilova asserted that she would be subject to persecution because of her Baptist religion if she returned to Russia. She explained that, after she “started attending [religious] services[,]” she was involved in “numerous conflicts and was beaten up a number of times due to [her] religious [adherence]” by “Russian pro-fascists, Cossae[k]s — special para-military group of population that persecute everyone who is not Orthodox and fanatics of the Orthodox Christian Denomination....” Moreover, Shipilova indicated that “persecutions of our religion is traditional in Russia” and that “there is no hope that it will be stopped and the government does nothing to stop it.”

Shipilova also included a personal statement with her asylum application further describing her background. She explained that like “most Soviets” she was raised an atheist. However, after her father died, she became depressed and “became close” to her paternal grandparents who introduced her to the Baptist faith. Shipilova indicated that she formally joined the Baptist congregation in October 2000.

Moreover, Shipilova recounted five incidents of religious persecution that she allegedly experienced while in Russia:

On November 5, 2001 I was attacked while professing [the] word of G-d in the streets of Krasnodar. I was approached by Cossacks, the paramilitary mighty organization based exactly in the area where I lived in Russia. They took all the literature and beat me up by their traditional weapon: whips. I went to the local police and tried to file a report but [was] rejected by the police officer who told [me] that police could do nothing to prevent Baptists from the attacks or punish the attackers because the Cossacks are very powerful and [the] police [have] no strength to fight them.
On June 1, [2001] I was [on] the bus and started talking about G-d with another woman. Skinheads who were [on] the bus ... overheard what we were talking about. The woman I talked to and I were beaten up and thrown outside by skinheads. We went to the nearest police office and were told that [the] police would not [be] able to help us.
*41 On September 9, 2001 I was in the village where my grandparents live and went to the church with them. We were stoned while leaving the church. The attackers were skinheads and the other villagers were supporting them. I and [a] few other young church attendants ran to the local police office. The officer told us that he could not help because he is alone. My grandparents complained to the higher authorities but were told that it was useless to complain because the religion is considered nontraditional for Russia.
On February 12, 2002 I was beaten up while distributing literature on the bus stop. I was approached by [a] police officer who confiscated the literature in spite [of] the fact that our church had permission to stay at the place. When I told the officers that I was legally distributing the literature there I was beaten up. I complained to the pastor and he contacted authorities but the chief of police told [him] that [the] officerfs] who are responsible for the area know better what to do and he did not care about permits. The pastor called [a] lawyer but [the] lawyer told [him] that it was practically impossible to bring police to [ ] justice.
On March 4, 2000 I was attacked in the country with [my] sister in Christ.... This is the most terrifying incident I had and it is extremely difficult for me to write.... Her and me were attacked by skinheads and extremely abused. We were saved by the people who lived [ ] there and who took us from the trees.

On March 20, 2003, an asylum officer interviewed Shipilova regarding her asylum claim. At that interview, she was accompanied by an interpreter that she found through a friend. The interview was not recorded or transcribed, but the asylum officer prepared a summary of the meeting. 2 In his summary, the asylum officer stated that he had “serious doubts” as to Shipilova’s credibility. Specifically, he noted that:

The applicant could not provide consistent, detailed information about [her] overall claim. She was internally inconsistent and inconsistent with her affidavit in that she testified that it was her father’s death in 1999 that prompted her to join the Baptist Church upon her return from her grandparent’s home in October 1999. She, however, also testified that it was in October 2000 when she joined the church. When asked to clarify the inconsistency, she indicated that it could have merely been a mistake. Her response is not seen as reasonable in that she clearly indicated that it was her father’s death in 1999 that so affected her and caused her to join the church immediately following her return from her grandparents. However, she clearly indicates in her affidavit that she joined the church in 2000. This inconsistency is seen as material as it sets the tone for her overall claim of being a Baptist and thus suffering harm because of her religion.

In addition, the asylum officer found that Shipilova’s testimony regarding her five incidents of alleged religious persecution was not detailed and instead seemed “rushed.” When asked to clarify or add detail, Shipilova “would repeatedly say, ‘all Baptists are treated with such contempt.’ ” Indeed, when asked to provide even basic details, like the name of her church, the asylum officer noted that Shipilova “struggled” and that her responses were “again *42 ... lacking in consistent detail to be deemed credible.”

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