VANCHURINA v. Holder

619 F.3d 95, 2010 U.S. App. LEXIS 18773, 2010 WL 3491173
CourtCourt of Appeals for the First Circuit
DecidedSeptember 8, 2010
Docket10-1309
StatusPublished
Cited by6 cases

This text of 619 F.3d 95 (VANCHURINA v. Holder) is published on Counsel Stack Legal Research, covering Court of Appeals for the First Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
VANCHURINA v. Holder, 619 F.3d 95, 2010 U.S. App. LEXIS 18773, 2010 WL 3491173 (1st Cir. 2010).

Opinion

LYNCH, Chief Judge.

Julia Vanchurina, a native and citizen of Russia, and her husband Svetomir Radisavlevic, a native of Yugoslavia and citizen of Serbia, seek review of a final order of removal of the Board of Immigration Appeals (“BIA”). The BIA upheld an Immigration Judge’s (“IJ”) denial of Vanchurina’s request for asylum, of which Radisavlevic would be a derivative beneficiary, and Vanchurina’s request for withholding of removal. We deny their petition.

I.

Vanchurina and Radisavlevic entered the United States on May 17, 2006, as non-immigrant visitors. On October 30, 2006, prior to the expiration of their visas, Van-churina filed an affirmative asylum appli- • cation with the Department of Homeland Security on the basis of past persecution, with Radisavlevic listed as a derivative beneficiary. An asylum officer found that Vanchurina failed to establish that she was a refugee and referred the case to an IJ. On February 5, 2007, Vanchurina and Rad-isavlevic were served with a Notice to Appear charging each of them with remova-bility, which they conceded.

On June 5, 2008, Vanchurina and Radi-savlevic testified before an IJ at a hearing on Vanchurina’s petition for asylum and withholding of removal. As a spouse cannot be a derivative beneficiary of withholding of removal, and Radisavlevic did not file an independent application, the only relief he requested was asylum. Neither petitioner requested relief under the Convention Against Torture.

We briefly summarize their testimony, which the IJ found credible.

In 1998, Vanchurina started a small internet business in Moscow. The company was successful, with revenues of $10,000 per month, and governmental monitoring organizations — the Internal Revenue Service and Ministry of Communications— soon began to make weekly “inspections” of her business premises. She started to receive phone calls stating that she needed *98 to pay a price to stop the inspections, but she refused to pay and told the police about the incidents. Although the police refused to take a report, they told her that if anyone threatened her life, they would intervene.

At approximately the same time, Radi-savlevic was subjected to separate economic coercion. He was the head of a construction crew building a hotel in Russia, and when he sought payment of $20,000 for work that his crew had done, he was forced, at gunpoint, to sign a promissory note to instead pay this sum to the company. He went to the police but they refused to take a report, so Vanchurina and Radisavlevic paid the sum in $1,000 monthly installments, at one point under threat that their visiting grandson would be taken if they did not pay.

In November of 2000, Vanchurina’s place of business was raided by the police, who seized her office equipment and called her in for questioning. The police told her that they would plant narcotics and weapons in her office if she did not pay them $2,000 per month. When she refused, she was subjected to questioning every morning for five days in a row, which ended only when she threatened to have her son file suit against them in an international court. The phone calls then stopped, but only temporarily, and at the end of 2001, Vanchurina and Radisavlevic received a phone call threatening to kidnap their grandson.

In response to these threats, which Van-churina characterized as “scary,” she sold her internet business for $20,000' — one fifth of the value that she estimates it was worth — and moved to the suburbs of Moscow, where she and Radisavlevic began construction on a house. Soon thereafter, local police commenced frequent inspections of the house, and Vanchurina was told that she needed to pay them $500 per month for protection from further inspections and coercion. After she refused to pay, a container of waste was set on fire close to their house on three occasions; each occasion was followed by a phone call asking whether she was frightened and whether she realized that she needed to pay for protection. During the winter of 2005, the electricity and gas service to them house was cut several times; Van-churina attributed this to the extortion attempts, but did not provide evidence that the cuts were intentional.

Vanchurina and Radisavlevic did not attempt to avoid the threats by changing phone numbers or leaving the Moscow area. Vanchurina explained that the reason they refused to pay on the threats to their house was that she did not want to “play along” with the corrupt system — that doing so was against her conscience and Christian beliefs. In 2006, they moved to the United States to escape the threats and demands. Vanchurina believes that the threats and demands will resume if they return to Russia and that the only way to avoid them would be to “give everything away and be ... poor.”

In an oral decision dated June 5, 2008, the IJ found their testimony credible, but denied Vanchurina’s petition for asylum and withholding of removal, concluding that Vanchurina and Radisavlevic “were subjected to extortion and it was no doubt an unpleasant and frightening experience, but the experiences described ... do not rise to the level of persecution.” The IJ further held that even if this extortion constituted persecution, “the basis for the victimization ... was economic and at no point does the evidence reveal that respondents were victimized on account of one of the five protected areas.” See 8 U.S.C. § 1101(a)(42)(A). Finding Vanchurina ineligible for asylum, the IJ found that she *99 could not meet the more stringent standard for withholding of removal.

The BIA affirmed the IJ’s denial of Van-churina’s application for asylum and withholding of removal on the grounds that “the nature and context of the respondents’ claim — one that entails criminal extortion and threats — does not implicate an enumerated protected ground.” The BIA found that because the respondents did not qualify for asylum, they failed to meet the higher burden for withholding of removal.

II.

No pure question of law is presented by this petition. We review the BIA’s findings under the substantial evidence standard. Matovu v. Holder, 577 F.3d 383, 386 (1st Cir.2009). “Under this deferential standard, we accept these findings so long as they are grounded in reasonable, substantial, and probative evidence on the record considered as a whole,” id. (quoting Sharari v. Gonzáles, 407 F.3d 467, 473 (1st Cir.2005)) (internal quotation marks omitted), and grant a petition only “if the record compels a conclusion contrary to that reached by the agency,” Lopez Perez v. Holder, 587 F.3d 456, 460 (1st Cir.2009).

An applicant for asylum must demonstrate past persecution, or a well-founded fear of future persecution, on grounds of “race, religion, nationality, membership in a particular social group, or political opinion.” 8 U.S.C. § 1101(a)(42)(A). A showing of past persecution gives rise to a rebuttable presumption of future persecution.

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619 F.3d 95, 2010 U.S. App. LEXIS 18773, 2010 WL 3491173, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vanchurina-v-holder-ca1-2010.