Zatikian

Zatikian v. Ashcroft

Good Law
86 F. App'x 266
United States Court of Appeals for the Ninth CircuitDecember 23, 2003No. 02-73611; Agency No. A70-213-117California572 words

Opinion

Lead Opinion

MEMORANDUM ***

Silva Zatikian petitions for review from a final order of removal issued by the Board of Immigration Appeals (“BIA”). The BIA affirmed, without opinion, the decision of the immigration judge (“IJ”) denying Zatikian’s application for asylum, withholding of removal, and protection under Article 3 of the Convention Against Torture (“CAT”).

We have jurisdiction to review final orders of removal only if the alien has exhausted her administrative remedies. 8 U.S.C. § 1252 (d)(1). To be eligible for relief under the CAT, an alien must show that it is more likely than not that she would be tortured if returned to her home country. 8 C.F.R. § 208.16 (c); Zheng v. Ashcroft, 332 F.3d 1186, 1194 (9th Cir.2003). As defined in the regulations, “torture” must be “inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity.” 8 C.F.R. § 208.18 (a)(1).

In his decision, the IJ found that Zatikian’s testimony was not credible, and further found that she had failed to demonstrate “that she would be in danger of being tortured in Armenia (indiscernible) for any reason.” Zatikian testified that she had…

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