Ounanian
Ounanian v. Ashcroft
Opinion
Lead Opinion
MEMORANDUM **
Akop Ounanian petitions the BIA’s dismissal of his appeal from the IJ’s order denying asylum, withholding of deportation, and relief under the Convention Against Torture. We have jurisdiction under 8 U.S.C. § 1105a. We deny the petition.
I
Ounanian was a business owner in the Russian town of Piatigorsk. Ounanian and his business partner received threats of harm against them and their families if they failed to pay extortion. Ounanian’s business partner was killed when he failed to pay. Ounanian was often harassed, his car was totaled, and one time the windows on his house were broken and fire was thrown into the house.
II
The BIA held that Ounanian was not eligible for asylum. We review the BIA’s determination for substantial evidence. See Ochave v. INS, 254 F.3d 859, 861-62 (9th Cir.2001). The BIA’s determination must be upheld “if supported by reasonable, substantial, and probative evidence on the record considered as a whole.” INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992) (internal quotation marks omitted). “To reverse the BIA finding we must find that the evidence not only supports [reversal], but compels it.” Id. at 481 n.…