Viktor Valioukevitch v. Immigr. & Naturalization Serv., 251 F.3d 747 (8th Cir. 2001). · Go Syfert
Viktor Valioukevitch v. Immigr. & Naturalization Serv., 251 F.3d 747 (8th Cir. 2001). Cases Citing This Book View Copy Cite
“the harm endured must have been inflicted either by the government of belarus or by persons or an organization that the government was unwilling or unable to control”
55 citation events (55 in the last 25 years) across 1 distinct court.
Strongest positive: Oliva Nabulwala v. Alberto Gonzales (ca8, 2007-03-21)
Treatment trajectory · 2001 → 2026 · click a year to view as-of
2001 2013 2026
Top citers, strongest first. 35 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Oliva Nabulwala v. Alberto Gonzales
8th Cir. · 2007 · signal: see also · quote attribution · 1 verbatim quote · confidence high
the harm endured must have been inflicted either by the government of belarus or by persons or an organization that the government was unwilling or unable to control
discussed Cited as authority (rule) Israel Felipe Lira Saldana v. Loretta E. Lynch (2×)
8th Cir. · 2016 · confidence medium
Valioukevitch v. INS, 251 F.3d 747, 749 (8th Cir. 2001).
discussed Cited as authority (rule) Carlos Manuel Calles Quinteros v. Eric H. Holder, Jr.
8th Cir. · 2013 · confidence medium
In order to constitute persecution, the harm must be “ ‘inflicted either by the government of [a country] or by persons or an organization that the government was unable or unwilling to con *1010 trol.’ ” Menjivar v. Gonzales, 416 F.3d 918, 921 (8th Cir.2005) (alteration in original) (quoting Valioukevitch v. I.N.S, 251 F.3d 747, 749 (8th Cir.2001)).
discussed Cited as authority (rule) Shaghil v. Holder (2×)
8th Cir. · 2011 · confidence medium
In addition, “persecution” is a harm that is “inflicted either by the government of [a country] or by persons or an organization that the government was unable or unwilling to control.” Menjivar v. Gonzales, 416 F.3d 918, 921 (8th Cir.2005) (quoting Valioukevitch v. I.N.S., 251 F.3d 747, 749 (8th Cir.2001)).
discussed Cited as authority (rule) Neivi Guillen-Hernandez v. Eric J. Holder, Jr.
8th Cir. · 2010 · confidence medium
“Persecution” is a harm that is “inflicted either by the government of [a country] or by persons or an organization that the government was unable or unwilling to control.” Menjivar v. Gonzales, 416 F.3d 918, 921 (8th Cir. 2005) (quoting Valioukevitch v. INS, 251 F.3d 747, 749 (8th Cir. 2001)). “[A]n applicant seeking to establish persecution by a government based on violent conduct of a private actor must show more than ‘difficulty . . . controlling’ private behavior.
discussed Cited as authority (rule) Guillen-Hernan-Dez v. Holder
8th Cir. · 2010 · confidence medium
“Persecution” is a harm that is “inflicted either by the government of [a country] or by persons or an organization that the government was unable or unwilling to control.” Menjivar v. Gonzales, 416 F.3d 918, 921 (8th Cir.2005) (quoting Valioukevitch v. INS, 251 F.3d 747, 749 (8th Cir.2001)). “[A]n applicant seeking to establish persecution by a government based on violent conduct of a private actor must show more than ‘difficulty ... controlling’ private behavior.
discussed Cited as authority (rule) Elizabeth Ngengwe v. Michael Mukasey
8th Cir. · 2008 · confidence medium
Cf. Makatengkeng v. Gonzales, 495 F.3d 876, 885 (8th Cir. 2007) (upholding BIA’s decision because there -9- was no evidence in the record that the Indonesian government was unable or unwilling to control those harassing the applicant); Valioukevitch v. INS, 251 F.3d 747, 749 (8th Cir. 2001) (upholding IJ and BIA decision because State Department Reports indicated that Belarussian government respects its citizens’ guarantee of religious freedom).
discussed Cited as authority (rule) Ngengwe v. Mukasey
8th Cir. · 2008 · confidence medium
Cf. Makatengkeng v. Gonzales, 495 F.3d 876, 885 (8th Cir.2007) (upholding BIA’s decision because there was no evidence in the record that the Indonesian government was unable or unwilling to control those harassing the applicant); Valioukevitch v. INS, 251 F.3d 747, 749 (8th Cir.2001) (upholding IJ and BIA decision because State Department Reports indicated that Bela-russian government respects its citizens’ guarantee of religious freedom).
examined Cited as authority (rule) Makatengkeng v. Gonzales (4×)
8th Cir. · 2007 · confidence medium
Alternatively, a finding of a well-founded fear of persecution would also require the determination that Makatengkeng fears harm “inflicted either by the government of [a country] or by persons or an organization that the government [is] unable or unwilling to control.” Valioukevitch v. INS, 251 F.3d 747, 749 (8th Cir.2001); see Kimumwe v. Gonzales, 431 F.3d 319 ; 322-23 (8th Cir.2005) (“Actions by private parties are not attributable to the government, absent a showing that the harm is inflicted by persons that the government is unwilling or unable to control.”).
discussed Cited as authority (rule) Harold Makatengkeng v. Alberto Gonzales (2×) also: Cited "see"
8th Cir. · 2007 · confidence medium
Setiadi v. Gonzales, 437 F.3d 710, 713-14 (8th Cir. 2006); Menjivar, 416 F.3d at 921 (quoting Valioukevitch v. INS, 251 F.3d 747, 749 (8th Cir. 2001)).
discussed Cited as authority (rule) Sylvia Tieneke Lengkong Ferdinand Jacobus Rondonuwu v. Alberto Gonzales, Attorney General of the United States of America
8th Cir. · 2007 · confidence medium
Persecution has been generally defined as “ ‘the infliction or threat of death, torture, or injury to one’s person or freedom, on account of one of the grounds enumerated in the refugee definition,” id. (quoting Regalado-Garcia v. INS, 305 F.3d 784, 787 (8th Cir.2002)), and must be “inflicted either by the government ... or by persons or an organization that the government was unwilling or unable to control.” Valioukevitch v. INS, 251 F.3d 747, 749 (8th Cir.2001).
discussed Cited as authority (rule) Sylvia T. Lengkong v. Alberto Gonzales
8th Cir. · 2007 · confidence medium
Persecution has been generally defined as “‘the infliction or threat of death, torture, or injury to one’s person or freedom, on account of’ one of the grounds enumerated in the refugee definition,” id. (quoting Regalado-Garcia v. INS, 305 F.3d 784, 787 (8th Cir. 2002)), and must be “inflicted either by the government . . . or by persons or an organization that the government was unwilling or unable to control.” Valioukevitch v. INS, 251 F.3d 747, 749 (8th Cir. 2001).
discussed Cited as authority (rule) Stevianus Siswanto v. Alberto Gonzales
8th Cir. · 2006 · confidence medium
“The BIA has adopted, and we have approved as reasonable, a definition of ‘persecution’ that requires a harm to be ‘inflicted either by the government of [a country] or by persons or an organization that the government was unable or unwilling to control.’ ” Menjivar v. Gonzales, 416 F.3d 918, 921 (8th Cir.2005), quoting Valioukevitch v. INS, 251 F.3d 747, 749 (8th Cir.2001).
discussed Cited as authority (rule) Vadim Suprun v. Alberto Gonzales
8th Cir. · 2006 · confidence medium
"The BIA has adopted, and we have approved as reasonable, a definition of 'persecution' that requires a harm to be 'inflicted either by the government of [a country] or by persons or an organization that the government was unable or unwilling to control." Menjivar v. Gonzales, 416 F.3d 918, 921 (8th Cir. 2005), quoting Valioukevitch v. INS, 251 F.3d 747, 749 (8th Cir. 2001).
discussed Cited as authority (rule) Vadim Vitalevich Suprun v. Alberto Gonzales, Attorney General of the United States of America
8th Cir. · 2006 · confidence medium
“The BIA has adopted, and we have approved as reasonable, a definition of ‘persecution’ that requires a harm to be ‘inflicted’ either by the government of [a country] or by persons or an organization that the government was unable or unwilling to control.” Menjivar v. Gonzales, 416 F.3d 918, 921 (8th Cir.2005), quoting Valioukevitch v. INS, 251 F.3d 747, 749 (8th Cir.2001).
discussed Cited as authority (rule) William Johnathan Kimumwe v. Alberto Gonzales, 1 Attorney General of the United States (2×)
8th Cir. · 2005 · confidence medium
Actions by private parties are not attributable to the government, absent a showing that the harm is inflicted by persons that the government is unwilling or unable to control, see Valioukevitch v. INS, 251 F.3d 747, 749 (8th Cir. 2001), and we conclude that the IJ reasonably declined to find on this record that the incidents involving neighbors and villagers described by Kimumwe amounted to persecution by official authorities.
discussed Cited as authority (rule) William Kimumwe v. John Ashcroft
8th Cir. · 2005 · confidence medium
Actions by private parties are not attributable to the government, absent a showing that the harm is inflicted by persons that the government is unwilling or unable to control, see Valioukevitch v. INS, 251 F.3d 747, 749 (8th Cir. 2001), and we conclude that the IJ reasonably declined to find on this record that the incidents involving neighbors and villagers described by Kimumwe amounted to persecution by official authorities. -5- Kimumwe also asserts that he has a well-founded fear of future persecution because of the announced hostility of the Zimbabwean government to homosexuality.
discussed Cited as authority (rule) Sandra Lorena Menjivar v. Alberto Gonzales, Attorney General of the United States of America, 1
8th Cir. · 2005 · confidence medium
The BIA has adopted, and we have approved as reasonable, a definition of “persecution” that requires a harm to be “inflicted either by the government of [a country] or by persons or an organization that the government was unable or unwilling to control.” Valioukevitch v. INS, 251 F.3d 747, 749 (8th Cir.2001); see Miranda v. INS, 139 F.3d 624 , 627 & n. 2 (8th Cir.1998); In re Acosta, 19 I. & N. Dec. 211, 222 , 1985 WL 56042 (BIA 1985); see also Matter of Pierre, 15 I. & N. Dec. 461, 462 , 1975 WL 31551 (BIA 1975) (stating the “unwilling or unable to control” standard for non-govern…
discussed Cited as authority (rule) Sandra Menjivar v. John Ashcroft
8th Cir. · 2005 · confidence medium
The BIA has adopted, and we have approved as reasonable, a definition of “persecution” that requires a harm to be “inflicted either by the government of [a country] or by persons or an organization that the government was unable or unwilling to control.” Valioukevitch v. INS, 251 F.3d 747, 749 (8th Cir. 2001); see Miranda v. INS, 139 F.3d 624 , 627 & n.2 (8th Cir. 1998); In re Acosta, 19 I. & N. Dec. 211, 222 (BIA 1985); see also Matter of Pierre, 15 I. & N. Dec. 461, 462 (BIA 1975) (stating the “unwilling or unable to control” standard for non-governmental persecution).
cited Cited as authority (rule) Michael Negele v. John Ashcroft
8th Cir. · 2004 · confidence medium
Those findings must be upheld if they are supported by "reasonable, substantial, and probative evidence, based on the record as a whole." Valioukevitch v. INS, 251 F.3d 747, 749 (8th Cir. 2001).
cited Cited as authority (rule) Michael Negele v. John Ashcroft, Attorney General of the United States Thomas Ridge, Director of Homeland Security
8th Cir. · 2004 · confidence medium
Those findings must be upheld if they are supported by “reasonable, substantial, and probative evidence, based on the record as a whole.” Valioukevitch v. INS, 251 F.3d 747, 749 (8th Cir.2001).
cited Cited as authority (rule) Mironova v. Immigration & Naturalization Service
8th Cir. · 2001 · confidence medium
Valioukevitch v. INS, 251 F.3d 747, 749-50 (8th Cir.2001).
cited Cited "see" Mohammad Alyas v. John Ashcroft
8th Cir. · 2005 · signal: see · confidence high
See Valioukevitch v. I.N.S., 251 F.3d 747, 749 (8th Cir. 2001).
cited Cited "see" Mohammad Alyas v. Alberto Gonzales, Attorney General of the United States, 1
8th Cir. · 2005 · signal: see · confidence high
See Valioukevitch v. I.N.S., 251 F.3d 747, 749 (8th Cir.2001).
discussed Cited "see" Svetlana Novosad v. John Ashcroft
8th Cir. · 2005 · signal: see · confidence high
See Valioukevitch v. INS, 251 F.3d 747 , *764 749 (8th Cir.2001) (harm endured must have been inflicted either by government or by persons or organization that government was unwilling or unable to control).
cited Cited "see" Joseph Ngure v. John D. Ashcroft, Attorney General of the United States
8th Cir. · 2004 · signal: see · confidence high
See Valioukevitch v. INS, 251 F.3d 747, 749 (8th Cir.2001) (no well-founded fear of persecution where government guaranteed freedom of religion and ability to proselytize).
discussed Cited "see" Joseph Ngure v. John D. Ashcroft
8th Cir. · 2004 · signal: see · confidence high
See Valioukevitch v. INS, 251 F.3d 747, 749 (8th Cir. 2001) (no well-founded fear of persecution where government guaranteed freedom of religion and ability to proselytize). -24- In sum, we conclude that a reasonable factfinder could find that Ngure had not established a well-founded fear of persecution upon return to Kenya.
cited Cited "see" Besnik Hasalla v. John Ashcroft
8th Cir. · 2004 · signal: see · confidence high
See Valioukevitch v. INS, 251 F.3d 747, 749 (8th Cir. 2001).
cited Cited "see" Besnik Hasalla Floresha Hasalla Aida Hasalla v. John Ashcroft, Attorney General of the United States
8th Cir. · 2004 · signal: see · confidence high
See Valioukevitch v. INS, 251 F.3d 747, 749 (8th Cir.2001).
discussed Cited "see, e.g." Khilan v. Holder
8th Cir. · 2009 · signal: see also · confidence medium
Rather, the applicant must show that the government condoned it or at least demonstrated a complete helplessness to protect the victims.” Id. (internal alterations, quotations, and citation omitted); see also Valioukevitch v. INS, 251 F.3d 747, 749 (8th Cir.2001) (rejecting an asylum claim where incidents had not “occurred with the imprimatur” of government officials).
discussed Cited "see, e.g." Amit Khilan v. Michael Mukasey (2×)
8th Cir. · 2009 · signal: see also · confidence medium
Rather, the applicant must show that the government condoned it or at least demonstrated a complete helplessness to protect the victims.” Id. (internal alterations, quotations, and citation omitted); see also Valioukevitch v. INS, 251 F.3d 747, 749 (8th Cir. 2001) (rejecting an asylum claim where incidents had not “occurred with the imprimatur” of government officials).
discussed Cited "see, e.g." Olivia Nabulwala v. Alberto R. Gonzales, Attorney General of the United States of America
8th Cir. · 2007 · signal: see also · confidence medium
Persecution may be "a harm to be inflicted either by the government of a country or by persons or an organization that the government was unable or unwilling to control." See Suprun v. Gonzales, 442 F.3d 1078, 1080 (8th Cir.2006)(emphasis added); see also Valioukevitch v. INS, 251 F.3d 747, 749 (8th Cir.2001) ("the harm [petitioner] endured must have been inflicted either by the government of Belarus or by persons or an organization that the government was unwilling or unable to control"); Menjivar, 416 F.3d at 921 ; Miranda v. INS, 139 F.3d 624, 627 (8th Cir.1998). 12 The IJ made no finding a…
discussed Cited "see, e.g." Olivia Nabulwala v. Alberto R. Gonzales, Attorney General of the United States of America
8th Cir. · 2007 · signal: see also · confidence medium
Persecution may be “a harm to be inflicted either by the government of a country or by persons or an organization that the government was unable or unwilling to control. ” See Suprun v. Gonzales, 442 F.3d 1078, 1080 (8th Cir.2006)(emphasis added); see also Valioukevitch v. INS, 251 F.3d 747, 749 (8th Cir.2001) (“the harm [petitioner] endured must have been inflicted either by the government of Belarus or by persons or an organization that the government was unwilling or unable to control”); Menjivar, 416 F.3d at 921 ; Miranda v. INS, 139 F.3d 624, 627 (8th Cir.1998).
cited Cited "see, e.g." Yola Rife v. John Ashcroft
8th Cir. · 2004 · signal: compare · confidence medium
Compare Valioukevitch v. I.N.S., 251 F.3d 747, 749 (8th Cir. 2001).
cited Cited "see, e.g." Alex Nicolay Rife Yulia Rife Yola Rife v. John Ashcroft
8th Cir. · 2004 · signal: compare · confidence medium
Compare Valioukevitch v. I.N.S., 251 F.3d 747, 749 (8th Cir.2001).
Retrieving the full opinion text from the archive…
Viktor VALIOUKEVITCH, Petitioner,
v.
IMMIGRATION AND NATURALIZATION SERVICE, Respondent
00-3342.
Court of Appeals for the Eighth Circuit.
May 25, 2001.
251 F.3d 747
Michael H. Davis and H. Audrey Carr, Minneapolis, MN, for appellant., Jeffrey J. Bernstein, Justice Dept., Washington, DC, for appellee.
Hansen, Magill, Murphy.
Cited by 40 opinions  |  Published
MAGILL, Circuit Judge.

Viktor Valioukevitch appeals an order of the Board of Immigration Appeals (the “BIA”) denying him asylum and withholding of deportation. We affirm.

I.

Valioukevitch, a citizen of Belarus, entered the United States on March 31,1994, on a nonimmigrant visitor visa. Valiouk-evitch overstayed his visa, and in October 1997, the INS served him with a Notice to Appear, thereby placing him in removal proceedings. Valioukevitch conceded his removability as an alien who had overstayed his authorized time in the United States, but applied for asylum and withholding of removal, based on his assertion that he feared religious persecution in Belarus.[*749] [1] After a hearing, the immigration judge (IJ) found Valioukevitch was not eligible for either asylum or withholding of removal, because the assaults Valioukev-itch allegedly suffered in Belarus were not a result of his religious beliefs, were not sanctioned by the government or organized groups, and did not rise to the level of persecution. Valioukevitch filed a timely appeal with the BIA, which agreed with the LI and dismissed Valioukevitch's appeal.

II.

The Attorney General has discretion to grant asylum to an alien who is unwilling to return home because of a "well-founded fear of persecution on account of religion." 8 U.s.c. § 1101(a)(42) (2000); see id., § 1158(a). Under this statutory standard, Valioukev-itch was required to show that a reasonable person in his position would fear religious persecution if returned to Belarus. See Alsheweikh v. INS, 990 F.2d 1025, 1026-27 (8th Cir.1993). To be granted asylum for religious persecution, the harm Valioukevitch endured must have been in-flictecl either by the government of Belarus or by persons or an organization that the government was unwilling or unable to control. See Miranda v. INS, 139 F.3d 624, 627 (8th cir.1998).

To overcome the BIA's finding that Valioukevitch lacked a well-founded fear of persecution, Valioukevitch must show that the evidence he presented was so compelling that no reasonable fact finder could fail to find the requisite fear of persecution. See Kratchmarov v. Heston, 172 F.3d 551, 554 (8th Cir.1999). We uphold the BIA's decision if it was supported by reasonable, substantial, and probative evidence, based on the record considered as a whole. Id.

We conclude that a reasonable fact finder would not be compelled to find that Valioukevitch has a well-founded fear of persecution. See Yacoub v. INS, 999 F.2d 1296, 1297 (8th Cir.1993). Valioukevitch has not shown that the Belarussian government either persecuted him or is unwilling or unable to control the Orthodox Christian majority. None of the incidents cited by Valioukevitch occurred with the imprimatur of Belarussian officials; in fact, Valioukevitch's own affidavit in support of his asylum application states that the principal of his school in Belarus expelled several students who targeted Va-lioukevitch for abuse based on his religion. The IJ and BIA considered State Department reports indicating that the Belarus-sian government respects its constitution's guarantee of religious freedom, and that citizens of Belarus are not prohibited from proselyt~izing. In sum, the BIA's finding that Valioukevitch lacked a well-founded fear of religious persecution is supported by substantial evidence on the record considered as a whole.

Valioukevitch's claim that the BIA erred in failing to withhold deportation must also fail. "The standard for with~ holding of deportation requires applicants to show a `clear probability' that they will face persecution in the country to which they will be deported." Kratchmarov, 172 F.3d at 555. This "clear probabifity" standard is more difficult to meet than the "well-founded fear" standard for asylum.[*750] Id. As we have found that substantial evidence supports the denial of asylum, we also affirm the BIA’s denial of withholding of deportation. See id.

III.

Because Valioukevitch failed to show that he is eligible for either asylum or withholding of deportation, we hereby AFFIRM.

1

. Valioukevitch became a member of the Baptist church in 1990, when he was fifteen years old. The Baptist faith required Valioukevitch to proselytize to the Belarussian public, which is largely Russian Orthodox or Catholic. Va-lioukevitch asserts that he was attacked and subjected to name-calling, by numerous mdi-viduals as a result of his proselytizing attempts.