Igor Bereza does not want to return to Ukraine, 1 his home country. He concedes that he is deportable, he overstayed his visitor’s visa, but seeks asylum in the United States on the grounds that he was persecuted when he lived in Ukraine and has a well-founded fear that he will be persecuted if he is forced to return. The immigration judge held that Bereza is not eligible for asylum and the Board of Immigration Appeals (“BIA”) agreed. Bereza now appeals the BIA judgment. We have jurisdiction under 8 U.S.C. § 1105a(a). 2 We affirm.
I. Background
Igor Bereza, a Ukrainian citizen, first came to the United States in 1989 on a visitor’s visa. In 1990, he returned to Ukraine for a period of six to seven months to arrange for his parents to come to the United States. When he returned to the United States in December 1990, it was with permission to stay until June 1991. In February 1992, Bereza’s parents were granted political asylum. Bereza states that his asylum request was originally to be considered with his parents’ cases, but he was unable to be interviewed at the time because he was hospitalized with a heart condition. In April 1994, the Immigration and Naturalization Service (“INS”) denied Bereza’s request for asylum and instituted deportation proceedings. Bereza conceded deportability, but renewed his application for asylum and withholding of deportation.
Bereza’s mother, Anna Bereza, was a political prisoner in a Soviet labor camp under Stalin during the 1940s. She married and had her son (Igor) after her release. Because of Mrs. Bereza’s anti-Stalinist activities, her family was perpetually branded as an enemy of the state. As a result, Bereza suffered discrimination in schooling and at work. In ninth grade, Bereza was falsely accused of breaking rules during summer camp and was threatened with expulsion if he did not apologize. The chief counselor knew Bereza had done nothing wrong, but said that no one would believe him because of his mother’s past imprisonment. Later, when Bereza was seventeen or eighteen years old, he was told that regardless of how well he did in school, he would not be rewarded and would not be able to go to a good school later on because of his mother’s past. This prediction came true. Although Bereza *471 wanted to study medicine or engineering, these options were closed to him. Instead, he went to a forestry college. When he graduated in 1978, Bereza was denied honors despite his good grades. The Communist party representative for Bereza’s class informed him that he would never receive honors, regardless of his diligence, because his mother was a public enemy. After graduation, Bereza received what was considered a bad placement at a plywood manufacturing plant.
In 1987, when greater political freedom seemed possible under Gorbachev’s policies of perestroika and glasnost, Bereza became politically active. Along with thousands of others, Bereza participated in demonstrations in support of greater political freedoms, in which he sometimes held signs and sometimes “spoke out.” In all, Bereza took part in about fifteen demonstrations. The police ended some of these, it is unclear how many, by beating the protesters with clubs, then arresting and detaining them. Bereza was arrested twice after participating in demonstrations. The first time he was detained for only a few hours, the second time, overnight. When he was released the next morning, the personnel department at Bereza’s workplace warned Bereza to stop participating in the demonstrations, or else. When Bereza continued to speak out, he was demoted from his position as a mechanical engineer, a desk job, to an outside job repairing equipment that involved heavy lifting. Bereza suffered a hernia, but was forced to continue strenuous work despite doctor’s orders. The same person who had previously warned Bereza against participating in demonstrations, when presented with the doctor’s orders, told Bereza he should have listened to her before. Bereza’s medical difficulties continued when he began to have heart trouble. Adding to his medical problems, Bereza’s finger was severed when a machine was turned on while he was repairing it. Although he has no proof, Bereza suspects that a coworker turned the machine on because of Bereza’s political activities. When Bereza returned to work after this injury, again with doctor’s orders against heavy lifting, he was still required to do the same heavy work. In September 1988, Bereza was fired without explanation.
Bereza claims he also was persecuted on account of his religion, Greek Catholic, inasmuch as that religion was outlawed for most of his life in Ukraine. Other than the inability to practice Greek Catholicism, Bereza did not describe any incidents of harassment or discrimination based on his religion. Bereza admitted that the church is free today, and expressed no fear of future persecution based on his religion.
Bereza testified that he is afraid to return despite the political changes in Ukraine and despite the fact that he did not have any problems when he was back in Ukraine in 1990. According to Bereza, the same people are in power, the only difference is that before the political changes “they called themselves communists and after ... they called themselves democrats.” Bereza testified that he was afraid that if he went back he would be killed.
The government’s evidence included both an advisory opinion and a report on Ukraine from the State Department. According to the State Department, Greek Catholicism has been legalized and is now one of the dominant religions in Ukraine. The advisory opinion indicated that although the Communist party is once again legal it was still a minority party as of 1994. 3 The report on Ukraine recognized that some of the security personnel remained the same, but indicated that because the security apparatus is now subordinate to the independent Ukrainian government, it was unlikely anyone would be persecuted for supporting Ukrainian independence.
The immigration judge (“IJ”) denied Bere-za’s asylum claim and claim for withholding of deportation but granted him voluntary departure in lieu of deportation. On appeal to the BIA, the BIA held that Bereza did not qualify as a refugee (the prerequisite necessary to be eligible for asylum), because his *472 experiences in Ukraine did not rise to the level of persecution and he had no reasonable fear of future persecution. The BIA also held that Bereza necessarily did not meet the stricter standard for -withholding of deportation. Bereza now appeals the BIA’s holding that he is not eligible for asylum.
II. Analysis
The Attorney General has discretion to grant asylum to applicants who qualify as refugees under 8 U.S.C. § 1101(a)(42)(A). 8 U.S.C. § 1158(a);
see also Borca v. INS,
A person may qualify as a refugee, and thus be eligible for asylum, based on past persecution alone when it is sufficiently severe. This is because “[t]he experience of persecution may so sear a person with distressing associations with his native country that it would be inhumane to force him to return there, even though he is in no danger of further persecution.”
Skalak v. INS,
we must have regard for the function of the term [“persecution”] in a case such as this where the question is whether a person should be eligible for asylum, notwithstanding the absence of any danger of persecution, merely because she was persecuted in the past. The function is to identify persecution so severe that perhaps a person should not be forced to return to the country in which she underwent it even if the danger of recurrence is negligible.
Id.
Federal regulations now make explicit that if a person does not have a well-founded fear of future persecution, the alien must have “compelling reasons for being unwilling to return” to his country of origin to be considered a refugee. 8 C.F.R. § 208.13(b)(l)(ii).
See also Bucur v. INS,
The BIA dismissed Bereza’s appeal from the IJ’s denial of asylum, holding that Bereza failed to show that he was persecuted or that he had a well-founded fear of persecution. First, the BIA found no basis for an asylum claim based on religion. With regard to political persecution, the BIA found that although Bereza had experienced discrimination, he was able to get a college degree and be employed and thus the- discrimination did not amount to persecution. The violence and detention by police experienced during Bere-za’s participation in demonstrations also did not rise above harassment to the level of persecution. Nor did Bereza’s work conditions amount to persecution. Finally, the BIA found it unlikely that Bereza would face persecution in the future, especially given that Bereza had no problems when he went back to Ukraine to arrange for his parents to go to the United States.
Our review of the BIA is limited and deferential. We review the BIA’s interpretation of the Immigration Act
de novo,
although we defer to its interpretation if the Act is unclear and its interpretation is reasonable.
Draganova v. INS,
Bereza claims he was persecuted on three bases: religion, social group (belonging to a family deemed an enemy of the state), and political opinion. Because the events of alleged persecution based on his family’s past and his political activism are related, we will discuss those together. But first, we discuss Bereza’s religious persecution claim.
Bereza wisely does not argue on appeal that he has a well-founded fear of religious persecution. The BIA noted that the Greek Catholic church “is now the primary church in the Western Ukraine,” and Bereza admitted during the hearing before the IJ that the church is free today. Thus, Bereza’s religious persecution claim is based solely on alleged past persecution. Bereza argues that the BIA erred by failing to consider that past persecution, if sufficiently severe, may be enough to establish an asylum claim. However, there is no indication that the BIA thought past persecution alone would never be sufficient for asylum eligibility. Instead, it found that Bereza. “has failed to demonstrate past persecution or a well-founded fear of future persecution within the meaning of the Act.” In one sense it is incorrect to say that Bereza did not suffer persecution when his religion was banned and his church abolished because, as we discussed in
Bucur,
“it is virtually the definition of religious persecution that the votaries of a religion are forbidden to practice it.”
Bucur,
Bereza contends that the only reason the record does not compel a conclusion contrary to the BIA’s holding is that the IJ “cut off’ his testimony. Having examined the record, however, we are unable to agree that Bereza could not have testified further about past religious persecution if he had wanted to do so. Although the record reveals that the IJ interrupted Bereza’s testimony and indicated he was looking for evidence of a well-founded fear of persecution, it appears to us that Bereza could have testified further if he had so desired. The IJ was merely trying to point Bereza in what he thought was the right direction. Counsel responded to the IJ’s comments, not by arguing that Bereza suffered so severely on account of his religion that he is eligible for asylum even without a well-founded fear of persecution, but that there is, in fact, a danger of future persecution. Furthermore, before wrapping up his direct examination, Bereza’s counsel asked Bereza: “Is there any particular area that ... you feel we’ve forgotten that you’d like the Court ... to know about specifically regarding your asylum application?” In response, Bereza discussed his mother’s activism against Stalin. When asked if there was anything to add about what happened to Bereza himself, Bereza responded: “I think I — I’ve told everything.”
Even if the IJ did “cut off’ Bereza’s testimony, we are unconvinced that this is the only reason that the record does not reflect more severe religious persecution. Bereza presented documentary evidence, none of which reveals religious persecution against Bereza beyond what he described at the hearing before the IJ.
4
Moreover, nowhere
*474
does Bereza indicate what compelling reason for his unwillingness to return to Ukraine would have been revealed if only he had been allowed to testify further. Neither Bereza’s brief to this court, nor his brief to the BIA, describes the evidence he was supposedly precluded from presenting. In fact, Bereza’s brief to the BIA makes no mention of religious persecution against Bereza at all. Thus, this argument is foreclosed on appeal.
See Marquez v. INS,
With regard to Bereza’s claims of persecution on account of his family history and political activism, substantial evidence supports the BIA’s conclusion that he neither has a well-founded fear of persecution nor has suffered persecution in the past under the terms of the Act. Specifically, because Bereza does not have a well-founded fear of future persecution, Bereza’s past ordeals are not severe enough to provide him with compelling reasons for being unwilling to return to Ukraine.
Bereza asserts that the BIA erred in finding that he did not have a well-founded fear of persecution. Bereza challenges the BIA’s assessment of his return visit to Ukraine, a six or seven month visit during which Bereza experienced no acts of alleged persecution, as indicating that Bereza’s fear of future persecution is not well-founded. According to Bereza, the BIA did not sufficiently consider that Bereza had a strong motive to return despite his fear. It may be that Bereza was genuinely afraid and yet returned anyway. But that fact does not compel the conclusion that Bereza’s fear of persecution is objectively reasonable in light of the failure of anyone in Ukraine to persecute, harass, or discriminate against Bereza during his 1990 visit.
Bereza alleges that the BIA failed to consider a number of other factors, but essentially takes issue with the BIA’s assessment of whether he has a well-founded fear of persecution. A “well-founded fear” means not only that the fear is genuine, but that it is objectively reasonable, that is, a reasonable person in the applicant’s place would fear persecution.
See Borca,
*475
Without a well-founded fear of persecution, Bereza must establish particularly heinous past persecution in order to show that he has compelling reasons for not returning to Ukraine despite the current lack of danger there.
Bucur,
This argument fails. We will not lightly assume that the BIA, which has considerable expertise in this area of the law, did not apply the correct legal standard. When the BIA adopts the IJ’s decision, any flaws in that decision may be attributed to the BIA.
Draganova,
Nothing in the BIA’s opinion itself indicates it was based on an erroneous legal standard. The BIA recognized the barriers placed in Bereza’s path with regard to educational and employment opportunities, but stated that “[n]onetheless, he was able to obtain his college degree and procure employment,” and thus these barriers did not rise to the level of persecution. The BIA’s attention to factors which indicate that Bere-za did not suffer substantial economic disadvantage is consistent with the holding of Borca. Moreover, the mere fact that the BIA did not explicitly correct the IJ’s mistake is unremarkable, and an insufficient reason to remand, when Bereza did not argue that the IJ applied an incorrect standard for economic persecution in his brief to the BIA 6
Bereza also argues that the BIA’s “minimization of the relevance of the INS’ grant of asylum to his parents shows that the [BIA] failed to consider the existence of persecution to the family as a social group, and its decision should be held to be an abuse of discretion.” Bereza bears the burden to prove that the BIA’s consideration of the evidence was inadequate,
Rhoa-Zamora v. INS,
In a last ditch effort to establish past persecution, Bereza argues that the various acts of discrimination against Bereza cumulatively amount to persecution, but that the BIA opinion “gives no indication that it considered the various elements of Mr. Bereza’s claim as a pattern of persecution over many years.” Bereza wants a remand so that his claim can be “reviewed again not as isolated incidents, but as complex and interrelated events which seriously threatened the lives and freedom of the Bereza family over many years.” Certainly, the BIA must consider all claims made to it and give a rational explanation for its decision.
Guentchev,
Nor does the evidence compel the conclusion that Bereza’s past ordeals, even when examined as interrelated events, amounted to persecution severe enough to render him eligible for asylum despite the lack of a well-founded fear of future persecution. Bereza was discriminated against both in school and at work. As a result, Bereza could not pursue his chosen career and, toward the end of his time in Ukraine, he suffered adverse consequences to his health because of a politically motivated demotion.
7
Additionally, Bereza was subject to the violent tactics the police used to end the demonstrations in which he took part, as well as short periods of detention. As deplorable as this treatment is, reasonable people could differ about whether it amounts to persecution under the Act, given the higher showing that must be made in the absence of a well-founded fear of future persecution.
See, e.g., Bucur,
III. Conclusion
For the reasons stated above, we AffiRM the decision of the BIA
Notes
. Although the parties refer to "the Ukraine," we opted to follow the convention used by the State Department in its report, Ukraine — Profile of Asylum Claims and Country Conditions, and refer to the nation simply as “Ukraine.”
. On September 30, 1996, the President signed into law the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ("IIRI-RA"), Pub.L. No. 104-208, 110 Stat. 3009 (1996), which amends much of the Immigration and Nationality Act, 8 U.S.C. § 1101, et seq., and repeals 8 U.S.C. § 1105a. Because of its effective date, however, the IIRIRA does not apply to this case. See IIRIRA §§ 306(c)(1), 309, and 604(c) (set out as notes under 8 U.S.C.A. §§ 1252, 1101, and 1158 respectively). Thus, throughout the opinion we refer to the pre-IIRI-RA version of the Immigration and Nationality Act.
. Under 8 U.S.C. § 1105a(a)(4), we must make our determination solely upon the administrative record on which the BIA’s order is based. We have no information on the current status of the Communist party in Ukraine.
. Of the documentary evidence provided, the only additional description of religious discrimi *474 nation or harassment was in Bereza's mother’s asylum application, which states that she christened her children secretly "at the danger of our lives” and that she was always fired from jobs because "they” found out she was attending church. This persecution was aimed at Bereza’s mother, however, not Bereza. Nor must reasonable people conclude that it provides a compelling reason for being unwilling to return to Ukraine absent a danger of future persecution.
. Because Bereza has not shown an objectively reasonable fear of persecution, he necessarily has not shown the “clear probability" of persecution required to receive a withholding of deportation.
See Mitev,
. We are aware that Bereza submitted his brief to the BIA before we decided
Borca,
but Bereza was not without ground to object to the IJ's analysis. The same caselaw that supported
Borca
’s argument on appeal also supported Bereza’s challenge to the IJ's decision before the BIA.
See Balazoski,
. The BIA dismissed the idea that the injury to Bereza’s finger was both deliberate and politically motivated as based on mere conjecture. We cannot find differently because the record does not compel a contrary conclusion.
