Andreasian

Andreasian v. Immigration & Naturalization Service

Good Law
35 F. App'x 561
United States Court of Appeals for the Ninth CircuitMay 21, 2002No. 01-70090; I & NS Nos. A71-586-236, A70501-000, A70-501-001California400 words

Opinion

Lead Opinion

MEMORANDUM ***

Petitioner Rafael Andreasian, his wife, Lianna Ambartsoumian, and their daughter, Elen Andreasian, petition for review of the decision of the Board of Immigration Appeals (BIA) affirming an immigration judge’s (IJ) denial of the petitioners’ applications for asylum. The petitioners all base their applications for asylum on the alleged persecution suffered by Mr. Andreasian based on an imputed political opinion. See Molina-Morales v. INS, 237 F.3d 1048, 1051 (9th Cir.2001) (holding that a well-founded fear of persecution may be based upon an imputed political opinion). The BIA’s determination that an applicant is ineligible for asylum is examined under the substantial evidence standard. See Ochave v. INS, 254 F.3d 859, 861-62 (9th Cir.2001). Under this standard, “we must uphold the IJ’s findings unless the evidence not only supports, but compels, contrary findings.” Id. at 862 .

The petitioner relies on alleged incidents of past persecution to establish a well-founded fear of future persecution. Even if the events described by Mr. Andreasian are sufficient to demonstrate past persecution, he is entitled only to a presumption of a well-founded fear of persecution,…

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