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Zokota v. Gonzales
Citation: 225 F. App'x 445Docket: No. 05-72247
Court: Court of Appeals for the Ninth Circuit; February 25, 2007; Federal Appellate Court
Natalia Zokota, a Ukrainian citizen, seeks judicial review of the Board of Immigration Appeals (BIA) decision that upheld an Immigration Judge's (IJ) denial of her applications for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). The court has jurisdiction under 8 U.S.C. § 1252 and conducts a substantial evidence review, ultimately denying Zokota's petition. The IJ deemed Zokota not credible based on inconsistencies in her testimony, particularly regarding her entry into the U.S., and her failure to provide corroborating evidence. On appeal, Zokota only contested the IJ's finding about her entry, while failing to exhaust her challenges regarding other aspects of the IJ's decision. This lack of exhaustion precludes the court from considering those issues, as established in Vargas v. U.S. Dept. of Immigration and Naturalization. The IJ's determination that Zokota entered the U.S. with a Ukrainian passport is supported by substantial evidence. The inconsistencies in her testimony are critical to her asylum claim, which alleges persecution by the Ukrainian government due to her mixed national identity. Without credible evidence, Zokota has not demonstrated eligibility for asylum or withholding of removal. Furthermore, her CAT claim, which relies on the same discredited facts, also fails as she presents no additional evidence for consideration. The court denies the petition for review, noting that this disposition is not suitable for publication and does not establish precedent except as outlined by 9th Cir. R. 36-3.