Kolushko v. Holder

U.S. Court of Appeals for the Ninth Circuit
Kolushko v. Holder, 361 F. App'x 768 (9th Cir. 2010)
Goodwin, Wallace, Fisher

Kolushko v. Holder

Opinion

MEMORANDUM **

Hanna Yurievna Kolushko, a native of the former Soviet Union and citizen of Ukraine, petitions for review of the Board of Immigration Appeals’ order dismissing her appeal from an immigration judge’s decision denying her application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252. Reviewing for substantial evidence, Don v. Gonzales, 476 F.3d 738, 741 (9th Cir. 2007), we deny the petition for review.

Substantial evidence supports the agency s adverse credibility determination based on Kolushko’s omissions from her asylum application that police beat her with a baton and kicked her during a political protest in Snyatin, and that the hospital purposefully gave her inadequate medical treatment because of her political beliefs, which caused her child to be stillborn. See Alvarez-Santos v. INS, 332 F.3d 1245, 1254 (9th Cir. 2003) (petitioner’s omission of a “dramatic incident” from asylum application supported adverse credibility determination). In the absence of credible testimony, Kolushko failed to establish she is eligible for asylum or withholding of removal. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003).

Substantial evidence also supports the agency’s denial of CAT relief because petitioner failed to establish a likelihood of torture in Ukraine. See Wakkary v. Holder, 558 F.3d 1049, 1067-68 (9th Cir. 2009).

PETITION FOR REVIEW DENIED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.

Reference

Full Case Name
Hanna Yurievna KOLUSHKO, AKA Hanna Julia Hryhorehok, AKA Anaid Garibyan, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent
Status
Unpublished