Gabrielyan

MEMORANDUM

Gagik Gabrielyan and Marine Grigoryan, natives and citizens of Armenia, petition for review of a Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s decision denying their application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence factual findings. INS v. Elias-Zacarias, 502 U.S. 478 , 481 & n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). We deny the petition for review.

Gabrielyan testified the police questioned him about documents and thought he had information about an assassination attempt. Substantial evidence supports the agency’s finding that the police harassed Gabrielyan as part of a legitimate criminal investigation and not on account of his membership in a particular social group, an imputed political opinion, or any other protected ground. See Dinu v. Ashcroft, 372 F.3d 1041, 1045 (9th Cir.2004). Accordingly, his asylum claim fails. See id.

Because Gabrielyan failed to meet the lower burden of proof for asylum, it follows that he has not met the higher standard for withholding of removal.…