Armen Hakobyan v. Eric H. Holder Jr.

MEMORANDUM

Armen Hakobyan, a native and citizen of Armenia, petitions for review of three decisions of the Board of Immigration Appeals (BIA). In the proceedings underlying Ninth Circuit Appeal case no. 08-70885, the BIA affirmed the immigration judge’s (IJ) denial of his applications for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). The IJ rejected Hakobyan’s claim of past persecution, concluding that he was not credible. In the proceedings underlying Ninth Circuit Appeal case no. 08-73010, the BIA denied Hakobyan’s motion to reopen based upon an ineffective assistance of counsel claim. Finally, in the proceedings underlying Ninth Circuit Appeal case no. 08-71268, the BIA denied Hakobyan’s motion to reconsider the BIA’s denial of his motion to reopen. We dismiss the petition for review in case no. 08-70885 as to the asylum claim, but grant the petition for review as to the withholding of removal and CAT claims. We grant the petitions for review in case nos. 08-73010 and 09-71268. We remand the three cases to the BIA.

1.Hakobyan’s counsel, Margarita Mkrtehyan, filed a motion to continue the February 15, 2013 oral argument on February…