Ambartsoumian
Ambartsoumian v. Immigration & Naturalization Service
Opinion
Lead Opinion
MEMORANDUM **
Adelaida Ambartsoumian (“Ambartsoumian”), a native and citizen of Armenia, petitions for review of the denial by the Board of Immigration Appeals (“BIA”) and Immigration Judge (“IJ”) of her claim for asylum and withholding of deportation. We grant the petition for review. 1 Because the parties are familiar with the factual and procedural history of this case, we will not recount it here.
I
The BIA properly determined that Ambartsoumian failed to establish past persecution. A threat without physical harm or detention to the applicant herself, although relevant to determining whether an applicant has a well-founded fear of persecution, is generally insufficient to demonstrate past persecution. See Lim v. INS, 224 F.3d 929, 936 (9th Cir.2000) (“Our court generally treats unfulfilled threats, without more, as within that category of conduct indicative of a danger of future persecution, rather than as past persecution itself.”); see also Fisher v. INS, 79 F.3d 955, 961-62 (9th Cir.1996) (en banc) (analyzing whether threat was evidence of well-founded fear of persecution); Shirazi-Parsa v. INS, 14 F.3d 1424, 1429 (9th Cir.1994) (same); Aguilera-Cota v. INS, 914 F.2d…