Danielian

Danielian v. Immigration & Naturalization Service

Good Law
15 F. App'x 498
United States Court of Appeals for the Ninth CircuitJuly 26, 2001No. 00-70763; I & NS No. A72-515-750California989 words

Opinion

Lead Opinion

MEMORANDUM **

Vardouhi Danielian, a native and citizen of Armenia, appeals pro se the decision of the Board of Immigration Appeals (“BIA”) affirming the immigration judge’s (“IJ”) denial of her application for asylum and withholding of deportation under 8 U.S.C. §§ 1158 (a) and 1253(h). Danielian claims that she suffered past persecution by the Armenian government and her former husband and has a well-founded fear that she will be persecuted upon her return because of her anti-communist political beliefs. We deny the petition for review.

I. Asylum

The Attorney General may, in his or her discretion, grant asylum to an applicant determined to be a “refugee.” See 8 U.S.C. § 1158 (b); INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992); Korablina v. INS, 158 F.3d 1038, 1043 (9th Cir.1998). A refugee is an alien who cannot get protection from his or her home country against persecution on account of a statutorily protected characteristic, such as a political opinion. See 8 U.S.C. § 1101 (a)(42)(A). Danielian has the burden to prove that she qualifies as a refugee. See 8 C.F.R. § 208.13 (a).

Danielian contends that her encounters with the Armenian…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.