Havatyan

Havatyan v. Holder

Good Law
358 F. App'x 826
United States Court of Appeals for the Ninth CircuitNovember 30, 200907-71843California325 words

Opinion

Opinion

Vardui Havatyan, a native and citizen of Armenia, petitions for review of the Board of Immigration Appeals’ order summarily affirming an immigration judge’s decision denying her 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, INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992), and we grant in part and deny in part the petition for review.

The agency’s determination that Havatyan was not harmed on account of a protected ground is not supported by substantial evidence because Havatyan’s whistle-blowing actions were aimed at government corruption and the police retaliation was motivated at least in part by her exposure of the bribery scheme. See Fedunyak v. Gonzales, 477 F.3d 1126, 1129-30 (9th Cir.2007) (whistle-blowing is political when directed towards governing institu tion). In addition, the agency failed to apply the proper presumption when assessing internal relocation. See 8 C.F.R. § 1208.13 (b)(3)(ii) (if “the persecutor is a government ... it shall be presumed that internal relocation would not be…

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