Korablina v. Immigration and Naturalization Service

158 F.3d 1038 (1998)

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Korablina v. Immigration and Naturalization Service

United States Court of Appeals for the Ninth Circuit
158 F.3d 1038 (1998)

Facts

Vera Korablina (defendant) entered the United States from Ukraine on a visitor’s visa. Before her visa expired, Korablina sought asylum, asserting she suffered harassment from ultra-nationalists in Kiev, Ukraine, due to her Jewish heritage. During her hearing, Korablina testified that her father adopted Judaism when he married her mother. Korablina testified that she was denied admittance to university in Kiev due to her ancestry. Korablina testified she was denied career advancement and was fired due to her Jewish ancestry by her ultra-nationalist boss. When she found another job working for a Jewish man, Korablina witnessed the beating and extortion of her boss. Korablina testified that she was assaulted in her office and that her boss later disappeared. Korablina’s daughter, Irene Cimbal, corroborated her mother’s testimony and testified to her own experiences of assault. Cimbal and Korablina testified the Ukrainian police did nothing to prevent the harassment. The immigration judge (IJ) denied Korablina’s application for asylum and withholding of deportation, finding Korablina had only established she was the target of discrimination. Korablina appealed to the Board of Immigration Appeals (BIA), which held Korablina failed to establish past persecution or a well-founded fear of future persecution. Korablina appealed to the Ninth Circuit, arguing that she had presented evidence of past persecution on the basis of her religion and that she had a well-founded fear of future persecution.

Rule of Law

Issue

Holding and Reasoning (Trott, J.)

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