Gourgen Movsisian v. John Ashcroft, Attorney General

395 F.3d 1095 Gourgen MOVSISIAN, Petitioner, v. John ASHCROFT, Attorney General, Respondent. No. 03-70298. United States Court of Appeals, Ninth Circuit. Argued and Submitted August 24, 2004. Filed January 20, 2005. Tim Everett, Los Angeles, CA, for the petitioner. Constance A. Wynn, Civil Division, U.S. Department of Justice, Washington, DC, for the respondent. On Petition for Review of an Order of the Board of Immigration Appeals. Before: SCHROEDER, Chief Judge, GOODWIN, and TASHIMA, Circuit Judges. TASHIMA, Circuit Judge: 1 Gourgen Movsisian, a native and citizen of Armenia, petitions for review of the decision of the Board of Immigration Appeals ("BIA") summarily affirming the immigration judge's ("IJ") denial of asylum and withholding of deportation. Movsisian also seeks review of the BIA's summary denial of his motion to reopen and remand asylum proceedings. Because the transitional rules of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ("IIRIRA") apply, see Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997), we have jurisdiction under 8 U.S.C. § 1105a, as amended by IIRIRA § 309(c)(4). We deny the petition for review as to Movsisian's…

Gourgen Movsisian, a native and citizen of Armenia, petitions for review of the decision of the Board of Immigration Appeals (“BIA”) summarily affirming the immigration judge’s (“IJ”) denial of asylum and withholding of deportation. Movsisian also seeks review of the BIA’s summary denial of his motion to reopen and remand asylum proceedings. Because the transitional rules of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRIRA”) apply, see Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997), we have jurisdiction under 8 U.S.C. § 1105a, as amended by IIRIRA § 309(c)(4). We deny the petition for review as to Movsi-sian’s claims for asylum and withholding of deportation. We grant the petition for review as to the BIA’s summary denial of Movsisian’s motion to reopen.

I. BACKGROUND

Movsisian, a Pentecostal Christian from Armenia, entered the United States in 1993, when he was 16 years old. Movsi-sian presented testimony, which the IJ deemed credible, that he left Armenia with his mother to avoid compulsory military service. Movsisian stated that the war was very dangerous, and that he feared being killed given the lack of “law and order” in Armenia. Movsisian…

concurring in part, and dissenting in part.

I concur in part II. B. of the opinion, holding that the BIA abused its discretion in failing to articulate reasons for denying Movsisian’s motion to reopen, and remanding for a statement of reasons. However, I do not join in Part II. A. which expresses an opinion on the merits of the petitioner’s case for asylum and withholding of deportation. No convincing reasons have been called to my attention for this court to decide, on the merits, that the petitioner has a losing case, and then to remand the case to the forum from which the appeal was taken, so that forum could state its reasons for the denial. All courts dealing with the flood of immigration petitions are too busy, and our forests are too depleted, to justify this formality.