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March 12, 2026 Get Citation Alerts Download PDF Add Note

Natalia Morozova v. U.S. Attorney General

Court of Appeals for the Eleventh Circuit

• Citations: None known
• Docket Number: 25-11613
• Precedential Status: Non-Precedential

• Nature of Suit: NEW

• Opinion

• Authorities (19)

• Cited By (0)

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Combined Opinion

USCA11 Case: 25-11613 Document: 29-1 Date Filed: 03/12/2026 Page: 1 of 10

NOT FOR PUBLICATION

In the
United States Court of Appeals
For the Eleventh Circuit

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No. 25-11613
Non-Argument Calendar

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NATALIA MOROZOVA,
Petitioner,
versus

U.S. ATTORNEY GENERAL,
Respondent.

---

Petition for Review of a Decision of the
Board of Immigration Appeals
Agency No. A203-515-098

---

Before LUCK, LAGOA, and MARCUS, Circuit Judges.
PER CURIAM:
Natalia Morozova petitions for review of the Board of Im-
migration Appeals’ (“BIA”) order affirming the immigration
judge’s (“IJ”) denial of her claim for withholding of removal. She
USCA11 Case: 25-11613 Document: 29-1 Date Filed: 03/12/2026 Page: 2 of 10

2 Opinion of the Court 25-11613

argues that: (1) the IJ’s adverse credibility finding is not supported
by substantial evidence and the IJ erred in finding that she had not
submitted adequate corroborating evidence; (2) the agency erred
in finding that she failed to establish a well-founded fear of perse-
cution at the hands of her ex-boyfriend if returned to Moldova; and
(3) the agency failed to properly analyze her proposed particular
social group. After thorough review, we deny the petition.
I.
We review only “the [BIA]’s decision -- not the immigration
judge’s decision -- unless the [BIA] expressly adopted the immigra-
tion judge’s opinion.” Clement v. U.S. Att’y Gen., 75 F.4th 1193, 1199
(11th Cir. 2023) (citation modified). Where the BIA expressly
agrees with the IJ’s reasoning, we review the decisions of both the
BIA and the IJ to the extent of the agreement. Kazemzadeh v. U.S.
Att’y Gen., 577 F.3d 1341, 1350 (11th Cir. 2009). This scope of re-
view “reflects the well-established administrative law principle that
the grounds upon which an administrative order must be judged
are those upon which the record discloses that its action was
based.” Clement, 75 F.4th at 1199 (citation modified). “We do not
consider issues that were not reached by the BIA.” Gonzalez v. U.S.
Att’y Gen., 820 F.3d 399, 403 (11th Cir. 2016), abrogated in part on
other grounds by Loper Bright Enters. v. Raimondo, 603 U.S. 369 (2024).
Whether the BIA applied the correct legal standard is a ques-
tion of law we review de novo. Farah v. U.S. Att’y Gen., 12 F.4th
1312, 1321, 1325 (11th Cir. 2021), overruled in part on other grounds
by Santos-Zacaria v. Garland, 598 U.S. 411, 419–23 (2023); see also
USCA11 Case: 25-11613 Document: 29-1 Date Filed: 03/12/2026 Page: 3 of 10

25-11613 Opinion of the Court 3

NLRB v. Sunnyland Packing Co., 557 F.2d 1157, 1160 (5th Cir. 1977)
(noting that “an agency must either conform itself to its own prior
decisions or else explain the reason for its departure”).1 We review
the BIA’s factual findings for substantial evidence. Murugan v. U.S.
Att’y Gen., 10 F.4th 1185, 1192 (11th Cir. 2021). Under the substan-
tial evidence standard, we “must affirm the BIA’s factual findings
so long as they are supported by reasonable, substantial, and pro-
bative evidence on the record considered as a whole.” Id. (citation
modified). In other words, we “may reverse the BIA’s factual find-
ings only if the evidence compels that conclusion.” Id. Under the
substantial evidence standard, we “review the evidence in the light
most favorable to the agency’s decision and draw all reasonable in-
ferences in favor of that decision.” Id. at 1194.
“We review constitutional challenges, including alleged due
process violations, de novo.” Lapaix v. U.S. Att’y Gen., 605 F.3d 1138,
1143 (11th Cir. 2010). Further, we review de novo “whether a group
proffered by an asylum applicant constitutes a particular social
group” under the Immigration and Nationality Act (“INA”). Perez-
Zenteno v. U.S. Att’y Gen., 913 F.3d 1301, 1306 (11th Cir. 2019). We
also review de novo whether the BIA has afforded reasoned consid-
eration to an applicant’s claims. Ali v. U.S. Att’y Gen., 931 F.3d 1327,
1333 (11th Cir. 2019).
II.

1 In Bonner v. City of Prichard, 661 F.2d 1206, 1209 (11th Cir. 1981) (en banc), we

adopted as binding precedent all Fifth Circuit decisions issued before October
1, 1981.
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4 Opinion of the Court 25-11613

For starters, we are unconvinced by Morozova’s challenge
to the IJ’s adverse credibility finding. The record reflects that the
BIA did not rely on the IJ’s adverse credibility determination, or his
finding that Morozova did not provide sufficient corroborating ev-
idence, in dismissing Morozova’s appeal. Instead, the BIA ex-
pressly affirmed the IJ’s findings that “even considering [Moro-
zova’s] testimony to be credible and that she submitted sufficient
corroborating evidence,” Morozova failed to satisfy her burden of
proof demonstrating she was entitled to relief. Accordingly, the IJ’s
credibility and corroboration findings were not grounds “upon
which the record discloses that [the BIA’s] action was based.” Clem-
ent, 75 F.4th at 1199 (citation modified). As a result, they are not
properly before us, and we deny the petition for review on this
ground. Id.; Gonzalez, 820 F.3d at 403.
III.
We are also unpersuaded by Morozova’s claim that the IJ
and the BIA applied an incorrect legal standard or otherwise erred
in finding that she did not establish a well-founded fear of future
persecution. To establish eligibility for asylum, a non-citizen is “re-
quired to prove that [s]he is a ‘refugee.’” Murugan, 10 F.4th at 1192
(quoting 8 U.S.C. § 1158 (b)(1)(B)(i)). “A refugee is a person who is
‘unable or unwilling’ to return to h[er] home country ‘because of
[past] persecution or a well-founded fear of [future] persecution on
account of race, religion, nationality, membership in a particular
social group, or political opinion.’” Id. (quoting 8 U.S.C.
§ 1101 (a)(42)(A)). To establish a well-founded fear of future perse-
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25-11613 Opinion of the Court 5

cution, a non-citizen “must show that [s]he has a ‘subjectively gen-
uine and objectively reasonable’ fear of future persecution if re-
turned to h[er] home country.” Id. at 1193 (citation modified).
“The objective prong can be satisfied with ‘specific, detailed facts
showing [that the non-citizen has] a good reason to fear that [s]he
. . . will be singled out for persecution’ on account of a statutorily
protected ground.” Id. (citation modified). The “well-founded
fear” standard requires an applicant to show that there is a “reason-
able possibility” she will suffer future persecution if returned to her
home country. Kazemzadeh, 577 F.3d at 1352.
To be entitled to withholding of removal, similar to asylum,
a non-citizen “must establish that her ‘life or freedom would be
threatened . . . because of [her] race, religion, nationality, member-
ship in a particular social group, or political opinion.’” Sanchez
Jimenez v. U.S. Att’y Gen., 492 F.3d 1223, 1238 (11th Cir. 2007) (quot-
ing 8 U.S.C. § 1231 (b)(3)(A)). But unlike asylum, a non-citizen seek-
ing withholding of removal “bears the burden of demonstrating
that it is more likely than not she will be persecuted or tortured
upon being returned to her country.” Id. (citation modified). This
“more likely than not” standard is also referred to as a “‘clear prob-
ability of persecution.’” Ruiz v. Gonzales, 479 F.3d 762, 764–65 (11th
Cir. 2007). “Because the ‘more likely than not’ standard is more
stringent than the ‘well-founded fear’ standard for asylum, an ap-
plicant unable to meet the ‘well-founded fear’ standard is generally
precluded from qualifying for either asylum or withholding of re-
moval.” Sanchez Jimenez, 492 F.3d at 1239.
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6 Opinion of the Court 25-11613

Here, substantial evidence supports the finding that Moro-
zova did not establish a reasonable possibility of suffering future
persecution by her ex-boyfriend.2 First, Morozova testified at her
hearing that she’d had no contact with her ex-boyfriend for the last
three-and-a-half years, and that during this time, her ex-boyfriend
had been unable or unwilling to find her. She added that he had no
connection to Moldova -- only that she “believe[d] he ha[d] []
friends who live[d]” there, but she did not name any of those
friends – and that he was from Belarus. Morozova further testified
that she did not know of any specific individual in Moldova who
wanted to harm her and did not know the name of the criminal
organization to which her ex-boyfriend allegedly belonged.
On this record, Morozova presented no evidence, apart
from her own speculation, that her ex-boyfriend would or could

2 We note that both the IJ and the BIA denied Morozova’s withholding of re-

moval claim because she failed to meet the lower standard for asylum, so we
will analyze her claim in the same manner. See Sanchez Jimenez, 492 F.3d at
1239. We add that because Morozova has not raised to us any issues about
persecution on account of her nationality, she has abandoned her nationality
claim. Sepulveda v. U.S. Att’y Gen., 401 F.3d 1226, 1228 n.2 (11th Cir. 2005).
Finally, to the extent Morozova couches her instant claim as an issue of
whether the IJ and the BIA “appl[ied] the correct legal standard” by requiring
“certainty,” neither the IJ or the BIA did so; instead, both cited and applied the
well-founded fear standard for asylum. As we see it, Morozova’s argument
amounts more to a disagreement with the agency’s factual conclusion that she
did not establish a well-founded fear of future persecution at the hands of her
ex-boyfriend. We review this factual determination for substantial evidence.
Murugan, 10 F.4th at 1192; Rodriguez Morales v. U.S. Att’y Gen., 488 F.3d 884,
890 (11th Cir. 2007).
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25-11613 Opinion of the Court 7

harm her in Moldova. Viewed in the light most favorable to the
agency’s decision, substantial evidence supports the finding that
Morozova failed to demonstrate a well-founded fear of future per-
secution in Moldova by her ex-boyfriend, and, therefore, she also
failed to meet the higher standard required for withholding of re-
moval. Murugan, 10 F.4th at 1192–93; Sanchez Jimenez, 492 F.3d at
1238–39. We deny her petition on this basis as well.
IV.
Finally, we find no merit to Morozova’s claim that the
agency failed to properly analyze her proposed particular social
group. “It is well-established that the Fifth Amendment entitles pe-
titioners in removal proceedings to due process of the law.” Lapaix,
605 F.3d at 1143. Due process requires that non-citizens be given
“notice and an opportunity to be heard in their removal proceed-
ings.” Id. “To establish a due process violation, the petitioner must
show that she was deprived of liberty without due process of law
and that the purported errors caused her substantial prejudice.” Id.;
Sama v. U.S. Att’y Gen., 887 F.3d 1225, 1234 (11th Cir. 2018).
Before the Supreme Court’s decision in Loper Bright, 603 U.S.
at 411–12, we applied Chevron3 deference to the BIA’s definition of
a particular social group. Perez-Zenteno, 913 F.3d at 1308–09. And
the BIA has defined a “particular social group” as “‘a group of per-
sons all of whom share a common, immutable characteristic.’” Id.

3 Chevron, U.S.A., Inc. v. Natural Res. Def. Council, Inc., 467 U.S. 837 (1984), over-

ruled by Loper Bright, 603 U.S. at 411–12.
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8 Opinion of the Court 25-11613

(quoting Matter of Acosta, 19 I. & N. Dec. 211, 233 (BIA 1985)). “The
shared characteristic uniting the social group ‘must be one that the
members of the group either cannot change, or should not be re-
quired to change because it is fundamental to their individual iden-
tities or consciences.’” Id. at 1309 (quoting Matter of Acosta, 19 I. &
N. Dec. at 233). The BIA has elaborated that a particular social
group must be “‘defined with particularity’” and be “‘socially dis-
tinct within the society in question.’” Id. (quoting Matter of M-E-V-
G-, 26 I. & N. Dec. 227, 237 (BIA 2014)). Further, the proposed
group must be “‘discrete and have definable boundaries,’” and
“‘not be amorphous, overbroad, diffuse, or subjective.’” Id. (quot-
ing Matter of W-G-R-, 26 I. & N. Dec. 208, 214 (BIA 2014)).
We have not provided an all-encompassing definition of a
particular social group after Loper Bright, but in Perez-Zenteno, we
said that the term “implies a subset of the population bound to-
gether by some discrete and palpable characteristics.” Id. at 1310.
The term must be “narrowly defined” in terms of “discrete and
measurable factors [such] as immutability, identity, visibility, ho-
mogeneity, and cohesiveness in order to give meaning to the
term.” Id. at 1311.
In adjudicating a non-citizen’s application for asylum or
withholding of removal, the BIA must extend “reasoned consider-
ation” to her claims. Jathursan v. U.S. Att’y Gen., 17 F.4th 1365, 1372
(11th Cir. 2021) (citation modified). To determine if the BIA pro-
vided reasoned consideration, “we inquire only whether the Board
considered the issues raised and announced its decision in terms
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25-11613 Opinion of the Court 9

sufficient to enable a reviewing court to perceive that it has heard
and thought and not merely reacted.” Id. (citation modified). The
BIA may fail to provide reasoned consideration when it “misstates
the contents of the record, fails to adequately explain its rejection
of logical conclusions, or provides justifications for its decision
which are unreasonable and which do not respond to any argu-
ments in the record.” Id. (citation modified). Importantly, to write
a reviewable decision, and thus provide reasoned consideration,
the BIA “does not need to discuss all record evidence.” Ali, 931 F.3d
at 1334.
Here, the record contradicts Morozova’s claim that the IJ
and BIA failed to properly analyze the cognizability of her proposed
particular social group – “a woman who has suffered physical and
psychological abuse from her domestic partner.” The IJ applied the
BIA’s precedent defining a particular social group and concluded
that Morozova’s proposed group “does not really describe any im-
mutable characteristic that w[as] the reason why she was harmed
or might be harmed in the future.” The IJ also concluded that Mo-
rozova’s proposed group was not “socially distinct within the soci-
ety in Moldova or in Russia.” He reasoned that Morozova’s pro-
posed group “merely describe[d] what allegedly happened to her,
[or] what might happen to her.” The BIA expressly agreed with
that conclusion, stating that Morozova’s proposed group was not
cognizable because “it [was] not immutable or socially distinct.”
The BIA cited its precedent defining a particular social group -- Mat-
ter of M-E-V-G-, 26 I. & N. Dec. at 239 -- which is the same standard
Morozova cites in her argument to us. So, assuming arguendo that
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10 Opinion of the Court 25-11613

the agency’s failure to apply its own legal standard could amount
to a due process violation, Morozova has not shown that the
agency failed to do so.
Morozova also argues that the agency’s decision was insuf-
ficient because it failed to address the country conditions evidence
concerning Moldova’s legal system and ability to protect victims of
domestic violence -- essentially arguing that the agency did not give
reasoned consideration to her claims. However, the agency need
not address every piece of evidence. Ali, 931 F.3d at 1334. Instead,
the agency need only “consider[] the issues raised and announce[]
its decision in terms sufficient to enable [us] to perceive that it has
heard and thought and not merely reacted.” Jathursan, 17 F.4th at
1372 (citation modified). As the record reflects, the BIA applied the
very standards Morozova claims it should have applied and con-
cluded that her proposed group was not cognizable because it was
neither immutable nor socially distinct. Thus, because the BIA
“considered the issues raised” and its analysis was “sufficient to en-
able [us] to perceive that it has heard and thought and not merely
reacted,” it provided reasoned consideration to this claim.
Jathursan, 17 F.4th at 1372 (citation modified).
Finally, Morozova does not argue that the agency erred in
its conclusion that her proposed particular social group was not
cognizable. Accordingly, she has abandoned this argument on ap-
peal. Sepulveda, 401 F.3d at 1228 n.2.
We deny Morozova’s petition for review.
PETITION DENIED.