Chiliyan

Chiliyan v. Holder

Good Law
372 F. App'x 706
United States Court of Appeals for the Ninth CircuitMarch 24, 201005-74750California285 words

Opinion

Opinion

MEMORANDUM

Sona Chiliyan, and her son Yurik Haru-tyunyan, natives and citizens of Armenia, petition for review of the Board of Immigration Appeals (“BIA”) 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 factual findings, Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006), and we deny the petition.

The record does not compel the conclusion that changed or extraordinary circumstances excused the untimely filing of petitioners’ asylum application. See 8 C.F.R. § 1208.4 (a)(4), (5); Ramadan v. Gonzales, 479 F.3d 646, 656-58 (9th Cir.2007) (per curiam).

Because the record is unclear as to why Chiliyan was targeted by various groups, substantial evidence supports the BIA’s conclusion that, even if credible, petitioners failed to show that they were or would be persecuted in Armenia on account of a protected ground. See INS v. Elias-Zacarias, 502 U.S. 478, 483-84 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). Accordingly, their withholding of removal claim…

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