Khachikian

Khachikian v. Holder

Good Law
361 F. App'x 723
United States Court of Appeals for the Ninth CircuitDecember 28, 200907-72156California239 words

Opinion

Opinion

MEMORANDUM

Herachoom Khachikian, a native and citizen of Iran, petitions pro se for review of the Board of Immigration Appeals’ order dismissing her appeal from 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 findings of fact, Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006), and we deny the petition for review.

Substantial evidence supports the agency’s finding that the harm Khachi-kian suffered in Iran, including her detention and interrogation, did not rise to the level of past persecution. See Prasad v. INS, 47 F.3d 336, 339-40 (9th Cir.1995). Further, substantial evidence supports the agency’s conclusion that Khachikian’s well-founded fear is undermined because she willingly returned to Iran from Armenia multiple times between 1998 and 2001. See Loho v. Mukasey, 531 F.3d 1016, 1017-18 (9th Cir.2008). Accordingly, her asylum claim fails.

Because Khachikian failed to establish eligibility for asylum she necessarily failed to establish eligibility for withholding of removal. See…

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