Edgar Zargaryan v. Eric Holder, Jr.

MEMORANDUM

Edgar Zargaryan, a native and citizen of Armenia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to remand and dismissing his appeal from an immigration judge’s decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the agency’s factual findings, Chebchoub v. INS, 257 F.3d 1038, 1042 (9th Cir.2001), for abuse of discretion the denial of a motion to remand, Malhi v. INS 336 F.3d 989, 993 (9th Cir.2003), and de novo claims of due process violations, Simeonov v. Ashcroft, 371 F.3d 532, 535 (9th Cir.2004). We deny the petition for review.

As an initial matter, the BIA did not abuse its discretion in denying Zargaryan’s motion to remand where he failed to demonstrate prima facie eligibility for adjustment of status. See INS v. Abudu, 485 U.S. 94, 104 , 108 S.Ct. 904 , 99 L.Ed.2d 90 (1988). The record does not support Zar-garyan’s contention that the BIA did not consider all the evidence, including his declaration. Further, we reject Zargaryan’s contention that the BIA violated…