Yauheniya Valeryevna Trashchotkina v. U.S. Attorney General

591 F. App'x 783
CourtCourt of Appeals for the Eleventh Circuit
DecidedNovember 21, 2014
Docket13-13895
StatusUnpublished

This text of 591 F. App'x 783 (Yauheniya Valeryevna Trashchotkina 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
Yauheniya Valeryevna Trashchotkina v. U.S. Attorney General, 591 F. App'x 783 (11th Cir. 2014).

Opinion

PER CURIAM:

Yauheniya Trashchotkina, a citizen of Belarus, seeks review of the Board of Immigration Appeals’ (BIA) decision that affirmed the Immigration Judge’s (IJ) order to have her removed from the United States. 1 Trashchotkina conceded her re-movability but pursued relief from removal through either asylum or withholding of removal. 2 The IJ and the BIA denied relief on both grounds.-

I.

To obtain asylum, Trashchotkina needed to demonstrate that she is a “refugee.” See 8 U.S.C. § 1158(b)(1)(A). She is only a refugee if she “is unable or unwilling to return to [her home 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.” See id. § 1101(a)(42)(A). Trashchotkina claimed that she is a refugee based on the oppression she experienced as a political dissident in Belarus. Finding her testimony implausible and insufficiently corroborated, the IJ concluded that she is not a refugee. On appeal, the BIA agreed with that conclusion.

“We review the decision of the Board, and we review the decision of the Immigration Judge to the extent that the Board expressly adopted the opinion of the Immigration Judge.” 3 See Kazemzadeh v. U.S. *785 Att’y Gen., 577 F.3d 1341, 1350 (11th Cir.2009) (quotation marks omitted). When considering the IJ’s and the BIA’s decisions, we review their legal conclusions de novo and their factfindings only for substantial evidence. Id.

The substantial evidence standard is highly deferential. It makes the IJ and BIA’s findings “conclusive unléss any reasonable adjudicator would be compelled to. conclude to the contrary.” 8 U.S.C. § 1252(b)(4)(B). It binds us to decide “only “whether there is substantial evidence for the findings made by the BIA, not whether there is substantial evidence for some other finding that could have been, but was not, made.’” Adefemi v. Ashcroft, 386 F.3d 1022, 1029 (11th Cir.2004) (en banc). And throughout this inquiry, we must view the record in the light most favorable to those findings, drawing all reasonable inferences in their favor. Forgue v. U.S. Att’y Gen., 401 F.3d 1282, 1286 (11th Cir.2005).

This all means that we may not reverse just because we decide the record could support a contrary decision. We may reverse only if the record leaves us with no reasonable choice but to disagree with the IJ and the BIA’s findings. See Mohammed v. U.S. Att’y Gen., 547 F.3d 1340, 1345 (11th Cir.2008) (“We may reverse a finding of fact only when the record compels a reversal; the mere fact that the record may support a contrary conclusion is not enough to justify a reversal of the administrative findings.”) (quotation marks omitted).

II.

As a general rule, asylum-seekers do not need to present any proof of “persecution or a well-founded fear of persecution” other than their own credible testimony. See Lin Lin Tang v. U.S. Att’y Gen., 578 F.3d 1270, 1276 (11th Cir.2009) (“If an alien’s testimony is credible, it may be sufficient, without corroboration, to satisfy her burden of proof in establishing her eligibility for relief from removal.”). If Trashchotki-na’s testimony was “credible,” “persuasive,” and referred to “specific facts,” the IJ could have granted her asylum without considering any other evidence. See 8 U.S.C. § 1158(b)(1)(B)(ii). But the IJ did not find Trashehotkina’s testimony credible, persuasive, and specific. The IJ discounted parts of her testimony as implausible, and the BIA agreed. Trashchotkina contends that they improperly discounted her testimony.

A.

The IJ found that Trashchotkina’s testimony describing her experience' as a Bela-rusian dissident was implausible from the beginning. She testified that she began studying jurisprudence at Belarus State University (BSU) in the fall of 2006 on an academic scholarship. She lived off campus her first year, but because of her high grades, BSU awarded her a place on campus in student housing for her second year. The IJ found these details in tension with the State Department’s report on Belarus. See Imelda v. U.S. Att’y Gen., 611 F.3d 724, 728 (11th Cir.2010) (“We have held that the BIA may rely heavily on State Department reports about a country.”).

According to that report, “[h]igh school students feared that they would not be allowed to enroll in universities without joining” the Belarusian Republican Youth Union, a group that supports Alexander Lukashenko, the Russocentric president of Belarus since 1994. University students reported that Youth Union membership “was often needed- to register for popular courses or to receive a dormitory room.” The education minister made membership a prerequisite for professional training in *786 foreign affairs, state administration, or journalism. Trashchotkina never testified that she joined the Youth Union, nor even that she ever showed any outward support at all for Lukashenko. She nonetheless was admitted to BSU, allowed to study law, and awarded both a scholarship and a spot on campus in student housing. The IJ found this implausible in light of the evidence that admission to BSU — not to mention a scholarship and on-campus housing — was tied to support for Lukash-enko.

The IJ found Trashchotkina’s account of her second year at BSU even more implausible. She testified that, during that fall, her lack of outward support for the political establishment turned into vocal opposition. In November 2007 she joined the Belarusian Popular Front (BPF), a nationalistic political party opposed to President Lukashenko. The record establishes that Lukashenko’s treatment of BPF is occasionally violent. Trashchotkina testified that she attended her first BPF rally in January 2008 and that she was one of about a dozen protestors who were arrested. The police threatened and interrogated her, and then let her go after recording the information on her student ID card. When testifying, Trashchotkina mentioned no consequences that she suffered. She retained her enrollment in BSU, her scholarship, and her place in on-campus housing. BSU’s administration did not even warn her about her political activities. The IJ found it implausible that, in light of the university’s refusal to admit applicants who did not support Lu-kashenko, BSU would turn a blind eye to a student’s arrest at an opposition rally.

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Bluebook (online)
591 F. App'x 783, Counsel Stack Legal Research, https://law.counselstack.com/opinion/yauheniya-valeryevna-trashchotkina-v-us-attorney-general-ca11-2014.