Vatulev v. Ashcroft, 354 F.3d 1207 (10th Cir. 2003). · Go Syfert
Vatulev v. Ashcroft, 354 F.3d 1207 (10th Cir. 2003). Cases Citing This Book View Copy Cite
“threats 6 alone generally do not constitute actual persecution; only rarely, when they are so immediate and menacing as to cause significant suffering or harm in themselves, do threats per se qualify as persecution.”
182 citation events (180 in the last 25 years) across 6 distinct courts.
Strongest positive: Oliva-Oliva v. Bondi (ca10, 2025-11-25)
Treatment trajectory · 2004 → 2026 · click a year to view as-of
2004 2015 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Oliva-Oliva v. Bondi (2×) also: Cited as authority (rule)
10th Cir. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
threats alone generally do not constitute actual persecution
examined Cited as authority (verbatim quote) Angarita-Quezada v. Garland
10th Cir. · 2025 · quote attribution · 1 verbatim quote · confidence high
threats alone generally do not constitute actual persecution; only rarely, when they are so immediate and menacing as to cause significant suffering or harm in themselves, do threats per se qualify as persecution.
discussed Cited as authority (verbatim quote) Romero-De Guzman v. Garland
10th Cir. · 2021 · signal: see · quote attribution · 1 verbatim quote · confidence high
omething larger than personal hostility involved .
examined Cited as authority (verbatim quote) Bolainez-Vargas v. Garland
10th Cir. · 2021 · quote attribution · 1 verbatim quote · confidence high
threats 6 alone generally do not constitute actual persecution; only rarely, when they are so immediate and menacing as to cause significant suffering or harm in themselves, do threats per se qualify as persecution.
discussed Cited as authority (verbatim quote) Bhattarai v. Holder, Jr. (2×) also: Cited "see"
10th Cir. · 2011 · signal: see · quote attribution · 1 verbatim quote · confidence high
the relative order and improved social/political conditions . . . would attenuate, not amplify, any potential threat of cognizable persecution behind petitioner's personal experiences.
discussed Cited as authority (verbatim quote) Vicente-Elias v. Mukasey (2×) also: Cited as authority (rule)
10th Cir. · 2008 · quote attribution · 1 verbatim quote · confidence high
thnic slurs ... are odious, but ... fall far short of what would compel a reasonable factfinder to persecution.
discussed Cited as authority (verbatim quote) Carlos Ramon Loaiza v. U.S. Attorney General
11th Cir. · 2007 · quote attribution · 1 verbatim quote · confidence high
threats alone generally do not constitute actual persecution" unless "they are so immediate and menacing as to cause significant suffering or harm in themselves.
discussed Cited as authority (rule) E-M-F-S
BIA · 2026 · confidence medium
Finally, the Tenth Circuit has held that threats “only rarely” constitute persecution and only when they are “immediate and menacing.” Matumona v. Barr, 945 F.3d 1294, 1305 (10th Cir. 2019) (quoting Vatulev v. Ashcroft, 354 F.3d 1207, 1210 (10th Cir. 2003)).
discussed Cited as authority (rule) Rosas-Garcia v. Bondi
10th Cir. · 2025 · confidence medium
The IJ found Mr. Pico-Garcia to be a credible witness but concluded the threats made against the family, “[w]hile no doubt frightening, . . . [fell] below the level of persecution.” Id. at 42 (citing Vatulev v. Ashcroft, 354 F.3d 1207, 1210 (10th Cir. 2003)).
discussed Cited as authority (rule) Maldonado-Magno v. Garland
10th Cir. · 2024 · confidence medium
Until it does, we are bound by our decision in Vicente-Elias.” Matumona, 945 F.3d at 133 n.5 (citation omitted). 6 Appellate Case: 23-9604 Document: 48-1 Date Filed: 11/06/2024 Page: 7 asylum eligibility.” Id. (quoting Vatulev v. Ashcroft, 354 F.3d 1207, 1209 (10th Cir. 2003)).
discussed Cited as authority (rule) Pinto v. Garland
10th Cir. · 2024 · confidence medium
Nor does she distinguish Oliveira’s “acts of common criminality or personal hostility[, which] do not implicate asylum eligibility.” Vatulev v. Ashcroft, 354 F.3d 1207, 1209 (10th Cir. 2003); see also Velasquez v. Sessions, 866 F.3d 188, 194 (4th Cir. 2017) (“[Applicants] with a well-founded fear of persecution supported by concrete facts are not eligible for asylum if those facts indicate only that the [applicant] fears retribution over purely personal matters. . . .” (citation omitted)); Zoarab v. Mukasey, 524 F.3d 777, 781 (6th Cir. 2008) (“Courts have routinely rejected asylum …
discussed Cited as authority (rule) Lovos-Vasquez v. Garland
10th Cir. · 2024 · confidence medium
But even if they had made this attempt, “[t]hreats alone generally do not constitute actual persecution; only rarely, when they are so immediate and 7 Appellate Case: 24-9503 Document: 010111092029 Date Filed: 08/08/2024 Page: 8 menacing as to cause significant suffering or harm in themselves, do threats per se qualify as persecution.” Vatulev v. Ashcroft, 354 F.3d 1207, 1210 (10th Cir. 2003) (concluding that an argument that a petitioner’s family received many threatening phone calls failed to rise to the level of persecution when the petitioner “did not provide details about the thre…
discussed Cited as authority (rule) Singh v. Garland
10th Cir. · 2024 · confidence medium
But the Board did reach the issue in its discussion of future persecution. 9 Appellate Case: 23-9548 Document: 010111084167 Date Filed: 07/24/2024 Page: 10 whether a petitioner has a reasonable fear of future persecution,” “only rarely, when they are so immediate and menacing as to cause significant suffering or harm in themselves, do threats per se qualify as persecution.” Vatulev v. Ashcroft, 354 F.3d 1207, 1210 (10th Cir. 2003).
discussed Cited as authority (rule) Alvarado-Rodriguez v. Garland
10th Cir. · 2024 · confidence medium
Under the INA, “only rarely, when they are so immediate and menacing as to cause significant suffering or harm in themselves, do threats per se qualify as persecution.” Vatulev v. Ashcroft, 354 F.3d 1207, 1210 (10th Cir. 2003).
discussed Cited as authority (rule) Lopez-Flores v. Garland
10th Cir. · 2023 · confidence medium
“Threats alone generally do not constitute actual persecution; only rarely, when they are so immediate and menacing as to cause significant suffering or harm in themselves, do threats per se qualify as persecution.” Vatulev v. Ashcroft, 354 F.3d 1207, 1210 (10th Cir. 2003).
discussed Cited as authority (rule) Hidalgo-Nunez v. Garland
10th Cir. · 2022 · confidence medium
Further, 6 Appellate Case: 22-9518 Document: 010110752069 Date Filed: 10/12/2022 Page: 7 even though Petitioner also testified that his family members have continued to receive threats from the Knights Templar, nothing in the record shows that “they are so immediate and menacing as to cause significant suffering or harm in themselves.” Vatulev v. Ashcroft, 354 F.3d 1207, 1210 (10th Cir. 2003) (citing Mendez-Gutirrez v. Ashcroft, 340 F.3d 865 , 869 n.6 (9th Cir. 2003)).
discussed Cited as authority (rule) Carias-Mejia v. Garland
10th Cir. · 2021 · confidence medium
Like the IJ, the BIA noted that in Vatulev v. Ashcroft, 354 F.3d 1207, 1210 (10th Cir. 2003), we explained that “[t]hreats alone generally do not constitute actual persecution; only rarely, when they are so immediate and menacing as to cause significant suffering or harm in themselves, do threats per se qualify as persecution.” The BIA agreed with the IJ that the threats did not rise to that level.
discussed Cited as authority (rule) Recinos-Martinez v. Barr
10th Cir. · 2020 · confidence medium
For example, in Vatulev v. Ashcroft, 354 F.3d 1207, 1209 (10th Cir. 2003), we upheld the agency’s denial of asylum where the applicant failed to distinguish the harm about which she testified “from acts of common criminality or personal hostility that do not implicate asylum eligibility.” Last, Petitioner maintains the BIA erred in failing to determine whether her proposed social group is legally cognizable.
cited Cited as authority (rule) Hernandez v. Barr
10th Cir. · 2020 · confidence medium
See Maatougui v. Holder, 738 F.3d 1230, 1241 (10th Cir. 2013); Vatulev v. Ashcroft, 354 F.3d 1207, 1209 (10th Cir. 2003).
discussed Cited as authority (rule) Matumona v. Barr
10th Cir. · 2019 · confidence medium
Petitioner relies on our statement that threats can “constitute actual persecution . . . when they are so immediate and menacing as to cause significant suffering or harm in themselves.” Vatulev v. Ashcroft, 354 F.3d 1207, 1210 (10th Cir. 2003).
discussed Cited as authority (rule) Mukumov v. Barr (2×) also: Cited "see"
10th Cir. · 2019 · confidence medium
As such, Mukumov failed to demonstrate the threats and violence were animated by a protected ground so as “to distinguish them from acts of common criminality or personal hostility that do not implicate asylum eligibility.” Vatulev, 354 F.3d at 1209 (noting some of the acts against the alien and her family, including the kidnapping of her son and mugging of her husband, were based upon “financial extortion”); see also Hayrapetyan, 534 F.3d at 1337 (finding “no basis for asylum” when retaliation is “carried out by mere civilians motivated by personal vengeance”). 10 To the exten…
discussed Cited as authority (rule) Tijera Moreno v. Sessions
10th Cir. · 2018 · confidence medium
Such “acts of common criminality or personal hostility . . . do not implicate asylum eligibility.” Vatulev v. Ashcroft, 354 F.3d 1207, 1209 (10th Cir. 4 Where, as here, the BIA’s decision is issued by a single member of the Board, “we will not affirm on grounds raised in the IJ decision unless they are relied upon by the BIA[,]” but “we are not precluded from consulting the IJ’s more complete explanation of those same grounds.” Uanreroro v. Gonzales, 443 F.3d 1197, 1204 (10th Cir. 2006). 8 2003).
discussed Cited as authority (rule) Nda Seka v. Sessions (2×) also: Cited "see"
10th Cir. · 2017 · confidence medium
Whether future or past, "[t]he persecution must be imposed by the government or by groups which the government is unwilling or unable to control.” Vatulev v. Ashcroft, 354 F.3d 1207, 1209 (10th Cir.2003) (quotation marks omitted).
cited Cited as authority (rule) Medina-Velasquez v. Sessions
10th Cir. · 2017 · confidence medium
Vatulev v. Ashcroft, 354 F.3d 1207, 1209 (10th Cir. 2003).
cited Cited as authority (rule) Sebastian Juan v. Lynch
10th Cir. · 2016 · confidence medium
Although she received some threats during that period, “[tjhreats alone generally do not constitute actual persecution.” Vatulev v. Ashcroft, 354 F.3d 1207, 1210 (10th Cir. 2003).
discussed Cited as authority (rule) Jin Jian Chen v. Lynch
10th Cir. · 2015 · confidence medium
Further, to the extent that Christians may be discriminated against, “institutional discrimination ..., while deplorable in any free society, did not constitute persecution affording petitioner eligibility for asylum.” Vatulev v. Ashcroft, 354 F.3d 1207, 1210 (10th Cir.2003).
cited Cited as authority (rule) Sharma v. Holder
10th Cir. · 2014 · confidence medium
But, “[t]hreats alone generally do not constitute actual persecution.” Vatulev v. Ashcroft, 354 F.3d 1207, 1210 (10th Cir.2003).
discussed Cited as authority (rule) Cano-Manzanero v. Holder (2×) also: Cited "see"
10th Cir. · 2013 · confidence medium
In Vatulev , this court held that “[t]hreats alone generally do not constitute actual persecution; only rarely, when they are so immediate and menacing as to cause significant suffering or harm in themselves, do threats per se qualify as persecution.” 354 F.3d at 1210 (emphasis added).
discussed Cited as authority (rule) Pacaja Vicente v. Holder, Jr.
10th Cir. · 2011 · confidence medium
If the alien “establishes] that he or she has suffered past persecution, [that] gives rise to a [rebuttable] presumption that he or she has a well-founded fear of future persecution.” Vatulev v. Ashcroft, 354 F.3d 1207, 1209 (10th Cir.2003) (internal quotation marks omitted). 3 The government may prevent the grant of asylum if it rebuts the presumption by showing by a preponderance of the evidence that “(1) there has been a fundamental change in circumstances, such that the applicant no longer has a well-founded fear of persecution; or (2) the applicant could avoid future persecution by …
cited Cited as authority (rule) King Chen v. Eric Holder, Jr.
7th Cir. · 2011 · confidence medium
See Ahmed v. Ashcroft, 348 F.3d 611, 619 (7th Cir. 2003); Kharkhan v. Ashcroft, 336 F.3d 601, 605 (7th Cir. 2003); Vatulev v. Ashcroft, 354 F.3d 1207, 1209 (10th Cir. 2003).
cited Cited as authority (rule) King Chen v. Eric Holder, Jr.
7th Cir. · 2011 · confidence medium
See Ahmed v. Ashcroft, 348 F.3d 611, 619 (7th Cir. 2003); Kharkhan v. Ashcroft, 336 F.3d 601, 605 (7th Cir. 2003); Vatulev v. Ashcroft, 354 F.3d 1207, 1209 (10th Cir. 2003).
cited Cited as authority (rule) King Sum Chen v. Holder
7th Cir. · 2011 · confidence medium
See Ahmed v. Ashcroft, 348 F.3d 611, 619 (7th Cir.2003); Kharkhan v. Ashcroft, 336 F.3d 601, 605 (7th Cir.2003); Vatulev v. Ashcroft, 354 F.3d 1207, 1209 (10th Cir.2003).
cited Cited as authority (rule) Chepsiror v. Holder, Jr.
10th Cir. · 2011 · confidence medium
Vatulev v. Ashcroft, 354 F.3d 1207, 1209-10 (10th Cir.2003).
cited Cited as authority (rule) Condermarin-Caceres v. Holder, Jr.
10th Cir. · 2011 · confidence medium
See also Torres de la Cruz v. Maurer, 483 F.3d 1013, 1017 (10th Cir. 2007); Vatulev v. Ashcroft, 354 F.3d 1207, 1211 (10th Cir.2003).
discussed Cited as authority (rule) Valero-Avendano v. Holder (2×) also: Cited "see"
10th Cir. · 2011 · confidence medium
However, “employment discrimination ... does not, without more, constitute persecution.” Vatulev v. Ashcroft, 354 F.3d 1207, 1210 (10th Cir.2003).
discussed Cited as authority (rule) Lama-Tamang v. Holder, Jr.
10th Cir. · 2010 · confidence medium
“Threats alone generally do not constitute actual persecution[,]” and Ms. Lama-Ta-mang has not provided any evidence that the threats led to “overt violence or mistreatment.” Vatulev v. Ashcroft, 354 F.3d 1207, 1210 (10th Cir.2003).
cited Cited as authority (rule) Nalwamba v. Holder
10th Cir. · 2010 · confidence medium
Vatulev v. Ashcroft, 354 F.3d 1207, 1210 (10th Cir.2003).
cited Cited as authority (rule) Nalwamba v. Holder
10th Cir. · 2010 · confidence medium
Vatulev v. Ashcroft, 354 F.3d 1207, 1210 (10th Cir.2003).
discussed Cited as authority (rule) Nalwamba v. Holder, Jr. (2×)
10th Cir. · 2009 · confidence medium
Vatulev v. Ashcroft, 354 F.3d 1207, 1210 (10th Cir. 2003).
cited Cited as authority (rule) Soewarsono v. Holder, Jr.
10th Cir. · 2009 · confidence medium
See, e.g., Witjaksono, 573 F.3d at 972, 977 ; Sidabutar v. Gonzales, 503 F.3d 1116, 1124 (10th Cir.2007); Vatulev v. Ashcroft, 354 F.3d 1207, 1210 (10th Cir.2003).
cited Cited as authority (rule) Zorig v. Holder, Jr.
10th Cir. · 2009 · confidence medium
Vatulev v. Ashcroft, 354 F.3d 1207, 1210 (10th Cir.2003) (institutional discrimination does not constitute persecution).
discussed Cited as authority (rule) Pasaribu v. Mukasey
10th Cir. · 2008 · confidence medium
But even assuming this claim was administratively exhausted, Ms. Pasaribu failed to demonstrate that the alleged persecution she fears was “imposed by the government or by groups which the government is unwilling or unable to control.” Vatulev v. Ashcroft, 354 F.3d 1207, 1209 (10th Cir.2003) (quotations omitted).
discussed Cited as authority (rule) Sagala v. Mukasey
10th Cir. · 2008 · confidence medium
Compare Sidabutar, 503 F.3d at 1124 (finding of past persecution not compelled where Indonesian Christian was repeatedly beaten by Muslim classmates and robbed by Muslims); Tulengkey, 425 F.3d at 1281 (same where Indonesian Chinese-Christian petitioner was robbed, fondled, sustained head injury, and witnessed an armed Muslim mob stealing food and hitting guests at a relative’s wedding); Vatulev v. Ashcroft, 354 F.3d 1207, 1210 (10th Cir.2003) (same where Moldavan petitioner of Russian descent and her husband could not obtain state jobs but secured other employment; petitioner’s children co…
discussed Cited as authority (rule) Silalahi v. Mukasey
10th Cir. · 2008 · confidence medium
Id. at 1281 ; see also Sidabutar v. Gonzales, 503 F.3d 1116, 1124 (10th Cir.2007) (holding that Indonesian Christian petitioner’s experiences of being beaten by classmates and being confronted on the street with a demand for money, allegedly by Muslims because they knew he was a Christian, did not establish past persecution); Vatulev v. Ashcroft, 354 F.3d 1207, 1210 (10th Cir.2003) (“Threats alone generally do not constitute actual persecution.... ”).
discussed Cited as authority (rule) Pardede v. Gonzales
10th Cir. · 2008 · confidence medium
Vatulev v. Ashcroft, 354 F.3d 1207, 1209 (10th Cir.2003). “[Administrative findings of fact are conclusive unless any reasonable adjudicator would be compelled to conclude to the contrary.” 8 U.S.C. § 1252 (b)(4)(B).
discussed Cited as authority (rule) Jian Hui Li v. Keisler
10th Cir. · 2007 · confidence medium
A petitioner may demonstrate his entitlement to refugee status by showing that he has suffered past persecution, or that he has a well-founded fear of future persecution, on account of his “race, religion, nationality, membership in a particular social group, or political opinion.” Vatulev v. Ashcroft, 354 F.3d 1207, 1209 (10th Cir.2003).
discussed Cited as authority (rule) Li v. Gonzales
10th Cir. · 2007 · confidence medium
A petitioner may demonstrate his entitlement to refugee status by showing that he has suffered past persecution, or that he has a well-founded fear of future persecution, on account of his “race, religion, nationality, membership in a particular social group, or political opinion.” Vatulev v. Ashcroft, 354 F.3d 1207, 1209 (10th Cir. 2003).
discussed Cited as authority (rule) Subyantoro v. Gonzales
10th Cir. · 2007 · confidence medium
Although persecution can come from the government or from a non-government group “which the government is unwilling or unable to control,” Vatulev v. Ashcroft, 354 F.3d 1207, 1209 (10th Cir.2003) (internal quotation marks omitted), “[m]ere generalized lawlessness and violence between diverse populations, of the sort which abounds in numerous countries ... generally is not sufficient to permit the Attorney General to grant asylum.” Singh v. INS, 134 F.3d 962, 967 (9th Cir.1998).
discussed Cited as authority (rule) Subyantoro v. Gonzales
10th Cir. · 2007 · confidence medium
Although persecution can come from the government or from a non-government group “which the government is unwilling or unable to control,” Vatulev v. Ashcroft, 354 F.3d 1207, 1209 (10th Cir. 2003) (internal quotation marks omitted), “[m]ere generalized lawlessness and violence between diverse populations, of the sort which abounds in numerous countries . . . generally is not sufficient to permit the Attorney General to grant asylum.” Singh v. INS, 134 F.3d 962, 967 (9th Cir. 1998). 4 The IJ held that M r.
discussed Cited as authority (rule) Grigorian v. Gonzales
10th Cir. · 2007 · confidence medium
The evidence supported the IJ’s characterization, and hence the threat was entitled to little probative value, see Vatulev v. Ashcroft, 354 F.3d 1207, 1210 (10th Cir.2003) (explaining that vague and conclusory testimony concerning a threat undercuts its probative value).
Retrieving the full opinion text from the archive…
Valentina VATULEV, Petitioner,
v.
John ASHCROFT, Respondent
02-9573.
Court of Appeals for the Tenth Circuit.
Dec 31, 2003.
354 F.3d 1207
Jim Salvator, Lafayette, CO, for Petitioner., Linda S. Wernery, Senior Litigation Counsel, William C. Minick, Trial Attorney, Office of Immigration Litigation, Civil Division, U.S. Department of Justice, Washington, DC, for Respondent.
Seymour, Briscoe, Lucero.
Cited by 123 opinions  |  Published
1 passages pin-cited by 2 cases
Pinpoint authority: #37,362 of 633,719
Citer courts: Tenth Circuit (2)
BRISCOE, Circuit Judge.

Petitioner Valentina Vatulev, a Moldovan citizen of Russian descent, seeks review of a Board of Immigration Appeals (BIA) order adopting the decision of an Immigration Judge (IJ) denying her application for asylum. Petitioner also applied for withholding of removal, but has focused exclusively on asylum ever since the IJ initially denied all relief. We hold that petitioner has failed to carry the heavy burden placed on those challenging adverse asylum determinations, and we therefore deny her petition for review. [1]

To secure asylum, petitioner had to prove that she is a refugee as defined in 8 U.S.C. § 1101(a)(42)(A), and then persuade the Attorney General to exercise the discretionary authority to grant relief un[*1209] der 8 U.S.C. § 1158(b). Krastev v. INS, 292 F.3d 1268, 1270-71 (10th Cir.2002). Because her application failed on refugee status, our review is limited, in breadth, to that threshold determination. Id. at 1271. Our review is further limited, in depth, to evaluating whether the record on the whole provides substantial support for that determination or, rather, is so decisively to the contrary that a reasonable factfinder would have concluded petitioner is a refugee. Id. at 1275.

There are three ways to establish refugee status, two of which are pertinent here: “One way is by showing [the applicant] has a well-founded fear of future persecution. A second way is by establishing that he or she has suffered past persecution, which gives rise to a [rebuttable] presumption that he or she has a well-founded fear of future persecution. ...” Id. at 1270 (quotation and citation omitted). The persecution involved must be “on account of [the applicant’s] race, religion, nationality, membership in a particular social group, or political opinion,” id. (quotation omitted), and must be imposed by the government or by groups “which the government is unwilling or unable to control,” id. at 1275 (quotation omitted). Petitioner claims she has been, and if returned to Moldova will continue to be, persecuted on account of her native Russian background by the Moldovan government and Moldovan nationalist groups tolerated if not sanctioned by the government. On its face, this claim is cognizable under the asylum statute. Thus, our disposition turns on whether petitioner presented evidence sufficient to compel a reasonable factfinder to accept her version and legal characterization of the events prompting her application for asylum.

The IJ had two primary sources for the relevant facts. Petitioner testified about Moldovan discrimination against Russians generally, and about acts of violence toward her and her family in particular. The Immigration and Naturalization Service (INS) submitted a State Department “Country Report” on Moldova, which provided context by summarizing the prevailing political and social conditions in the country. The IJ credited petitioner’s testimony as far as the basic events she related, but largely discounted the political significance she attributed to them. In the end, the IJ concluded that the matters that clearly did reflect official or officially tolerated anti-Russian conduct did not rise to the level of persecution.

Petitioner’s claim was hampered by significant factual omissions in her testimony. In connection with her most serious complaints, regarding four incidents of actual or threatened violence toward her son, husband, and herself over a span of about six years, she did not testify about any associated indicia of ethnic persecution [2] — to distinguish them from acts of common criminality or personal hostility that do not implicate asylum eligibility, see, e.g., Kharkhan v. Ashcroft, 336 F.3d 601, 605 (7th Cir.2003); Zayas-Marini v. INS, 785 F.2d 801, 805-06 (9th Cir.1986). Two of the incidents, her son’s kidnaping-for-ran-som and her husband’s mugging, clearly involved financial extortion from petitioner’s family (which, with two employed en[*1210] gineers, was relatively well-to-do). The other two incidents, in which her husband was assaulted and she suffered a blow to the head, did not involve obviously criminal incentives, but she did not offer any details of the attacks to show that something larger than personal hostility was involved. While the IJ could have inferred that the family’s Russian background played a role, we cannot say such an inference had to be drawn.

In contrast, petitioner explicitly stated that ethnic discrimination was evident in certain state institutions. She insisted that official disfavor of Russians precluded her children’s attendance at state colleges. We note, however, that her children were able to attend private colleges. Similarly, while she testified that state jobs are withheld from Russians, she and her husband were able to secure employment. We agree with the IJ and BIA that the institutional discrimination described by petitioner, while deplorable in any free society, did not constitute persecution affording petitioner eligibility for asylum. See, e.g., Ouda v. INS, 324 F.3d 445, 450 (6th Cir.2003); Bucur v. INS, 109 F.3d 399, 402 (7th Cir.1997); see also Woldemeskel v. INS, 257 F.3d 1185, 1191 (10th Cir.2001) (actual or feared employment discrimination, including termination, does not, without more, constitute persecution).

Petitioner testified that her family received many threatening phone calls. Despite several opportunities to elaborate, however, she did not provide details about the threats and never established a concrete connection between these calls and any overt violence or mistreatment. Threats alone generally do not constitute actual persecution; only rarely, when they are so immediate and menacing as to cause significant suffering or harm in themselves, do threats per se qualify as persecution. Mende z-Gutierrez v. Ashcroft, 340 F.3d 865, 869 n. 6 (9th Cir.2003); Boykov v. INS, 109 F.3d 413, 416 (7th Cir.1997). Of course, unfulfilled threats are still properly considered in determining whether a petitioner has a reasonable fear of future persecution. Lim v. INS, 224 F.3d 929, 936 (9th Cir.2000); Boykov, 109 F.3d at 416. Even for this purpose, however, the vague and eonclusory nature of petitioner’s testimony undercut its probative value. See Boykov, 109 F.3d at 417 (upholding BIA’s determination that vague testimony about anonymous phone threats was insufficient to establish fear of future persecution). She did relate more detail about a threatening letter the family received, which stated that her son would be killed, followed by her husband and her daughter. But the sheer length of time — nearly ten years — that has passed since receipt of that threat diminishes its present significance.

Petitioner also testified about a few incidents related to her by her husband, who remained in Moldova when she left in 1998. He told her that he found a note on the door saying “leave you Russian pig,” that his mailbox had been broken and trash had been left by the door, and that someone wrote ‘Watulev is a kike” at his workplace. Such ethnic slurs and petty vandalism are odious, but, again, they fall far short of what would compel a reasonable factfinder to rule in favor of petitioner’s claim of persecution. See Singh v. INS, 134 F.3d 962, 969 (9th Cir.1998) (holding several incidents of theft and vandalism insufficient to compel finding of persecution).

Larger cultural forces can imbue individualized conflicts or threats with more (or less) substance than they may suggest on their face. Hoxha v. Ashcroft, 319 F.3d 1179, 1182-83 (9th Cir.2003) (“The more egregious the showing of group prosecution — the greater the risk to all members of the group — the less evidence of individ[*1211] ualized persecution must be adduced.” (quotation omitted)). In Hoxha, for example, an ethnic Albanian who could not show past persecution on the basis of unfulfilled Serb threats directed specifically at him was able to buttress his entitlement to asylum on fear-of-persecution grounds with evidence, including a State Department profile of conditions in Serbia, that “provide[d] a lengthy and grisly documentation of the numerous atrocities committed against ethnic Albanians.” Id. at 1182-84. We have nothing like that here, however. Indeed, the relative order and improving social/political conditions summarized in the Country Report on Moldova would attenuate, not amplify, any potential threat of cognizable persecution behind petitioner’s personal experiences. Cf. Dandan v. Ashcroft, 339 F.3d 567, 575 (7th Cir.2003); Molina-Estrada v. INS, 293 F.3d 1089, 1095-96 (9th Cir.2002).

In light of the foregoing, we cannot say the IJ’s conclusion that petitioner failed to qualify as a refugee is contrary to what a reasonable factfinder would have been compelled to conclude. Under our deferential review of immigration decisions, we must affirm.

There is one last matter to address. Petitioner contends that, as a result of applying its streamlined review procedure, the BIA improperly failed to consider two additional items of evidence (threatening letters received by her husband) that she submitted following the IJ’s decision. Petitioner’s own procedural omissions deprive us of jurisdiction to review this claim of error.

After she appealed the IJ’s decision to the BIA, petitioner filed a motion for reconsideration, to which she attached the letters in question. The IJ denied the motion, and petitioner did not appeal the denial of the motion or the IJ’s implicit rejection of the new evidence. And she did not mention the new evidence in her brief on appeal from the IJ’s asylum decision. In criticizing the BIA’s adoption of the IJ’s decision because the BIA did not address this evidence, petitioner projects onto the BIA her own procedural omission. We agree with the Commissioner that judicial review of the matter is barred by petitioner’s failure to comply with the mandatory requirement that she exhaust administrative remedies. See Nguyen v. INS, 991 F.2d 621, 623 n. 3 (10th Cir.1993); Rivera-Zurita v. INS, 946 F.2d 118, 120 n. 2 (10th Cir.1991).

The petition for review is DENIED.

1

. After examining the briefs and appellate record, this panel has determined unanimously to grant the parties’ request for a decision on the briefs without oral argument. See Fed. R.App. P. 34(f); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument.

2

. Petitioner argues that the IJ erred by giving dispositive weight to the fact that she could not identify the perpetrators. We agree with petitioner that ethnic or political persecution can be established just as well by showing an attack was directed at a victim's identity as by showing that it stemmed from the identity of the perpetrators. But here the IJ examined the record for indicia of persecution in both respects and simply found it lacking — petitioner had failed to show either that the perpetrators acted on the basis of their (unknown) political/ethnic identity or that they targeted petitioner's family because of hers. See Admin. R. at 90.