Rauw

Zargaryan v. Holder

Good Law
361 F. App'x 732
United States Court of Appeals for the Ninth CircuitJanuary 21, 201007-73613California257 words

Opinion

Opinion

MEMORANDUM

Karlo Zargaryan, a native of Iran and citizen of Armenia, and her daughter, a native of Russia and citizen of Armenia, petition for review of the Board of Immigration Appeals’ order dismissing their appeal from an immigration judge’s decision denying their 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, 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 brief detention and beating Zargaryan suffered in Armenia did not rise to the level of persecution. See Prasad v. INS, 47 F.3d 336, 339-40 (9th Cir.1995). Substantial evidence also supports the agency’s finding that Zargaryan does not have a well-founded fear of future persecution based on her husband’s political activities or her ethnicity, because her husband and similarly situated father remain in Armenia without incident. See Anita v. INS, 80 F.3d 1389, 1395 (9th Cir.1996).

Because Zargaryan did not establish eligibility for asylum, it necessarily follows that she did…

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