Davtyan

MEMORANDUM

Ruben Davtyan, native and citizen of Armenia, petitions for review of a Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“LJ”) decision denying his 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), and we review de novo questions of law and due process claims, Vasquez-Zavala v. Ashcroft, 324 F.3d 1105, 1107 (9th Cir. 2003). We grant in part and deny in part the petition for review, and we remand.

The BIA determined in the first instance that Davtyan could relocate within Armenia to avoid persecution. In light of our intervening decision in Brezilien v. Holder, 569 F.3d 403, 414 (9th Cir.2009) (remanding because the BIA has not made clear whether internal relocation is a factual or a legal issue), we grant the petition for review as to Davtyan’s asylum and withholding of removal claims and remand for further proceedings consistent with this disposition. See INS v. Ventura, 537 U.S. 12,…