The BIA found, however, that the preponderance of the
evidence indicated a fundamental change in circumstances in Estonia. The BIA noted that
Maksimova’s family continued to live in Estonia, apparently unharmed. Based on this
record, we conclude that there is substantial evidence supporting the BIA’s determination
that Maksimova did not have a well-founded fear of persecution.
Maksimova also alleges persecution on account of her Russian nationality. As the
BIA correctly noted, there is no evidence in the record of any persecution of Russians in
Estonia based upon nationality. Maksimova is not entitled to asylum on this ground
Maksimova claims that she is “stateless” because she is not a citizen of any country.
Statelessness, however, does not entitle an applicant to asylum. A stateless applicant
must show the same well-founded fear of persecution as an applicant with a nationality.
See 8 U.S.C. § 1101(a)(42)(A);
Faddoul v. INS, 37 F.3d 185, 190 (5th Cir. 1994).
Maksimova has failed to
show a well-founded fear of persecution and therefore is not
entitled to asylum on this ground.