Vartanian

Vartanian v. Ashcroft

Good Law
94 F. App'x 557
United States Court of Appeals for the Ninth CircuitApril 2, 2004No. 02-74358California514 words

Opinion

Lead Opinion

MEMORANDUM ***

Petitioner Baghrat Vartanian appeals the Board of Immigration Appeals’ (“BIA”) denial of his application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 . We affirm.

Where, as here, the BIA affirms the IJ’s decision without issuing an opinion, we review the IJ’s ruling for substantial evidence. He v. Ashcroft, 328 F.3d 593, 595-96 (2003). The decision must be upheld unless the evidence would compel a reasonable adjudicator to reach a contrary result. 8 U.S.C. § 1252 (b)(4)(B).

The IJ’s decision was based primarily on his finding that the Vartanians fled Azerbaijan as a result of civil war, not persecution. The Ninth Circuit has held that, while the existence of general civil unrest does not preclude asylum eligibility, a claim based solely on general civil strife or widespread random violence is not sufficient. Baballah v. Ashcroft, 335 F.3d 981 (9th Cir.2003); Lopez v. INS, 775 F.2d 1015 (9th Cir.1985).

The encounter with the Azeri soldiers was a one-time event. No evidence showed that Vartanian or his wife were physically injured or required medical care. Vartanian testified that he was never physically mistreated before or…

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