Martirossian

Martirossian v. Ashcroft

Good Law
94 F. App'x 606
United States Court of Appeals for the Ninth CircuitApril 8, 2004No. 02-71890; Agency No. A70-953-393California666 words

Opinion

Lead Opinion

MEMORANDUM **

Edouard Martirossian, a native and citizen of Georgia, petitions for review of the Board of Immigration Appeals’ (the “BIA”) denial of his motion to reopen seeking relief under the Convention Against Torture. We have jurisdiction pursuant to 8 U.S.C. § 1252 (b). Reyes v. Ashcroft, 348 F.3d 1126, 1128 (9th Cir. 2003); Kamalthus v. INS, 251 F.3d 1279, 1281 (9th Cir.2001). We deny the petition for review.

Under the Convention Against Torture, Martirossian has the burden of establishing that it is more likely than not that he would be tortured if removed to Georgia. 8 C.F. R. § 208.16(c)(2); Kamalthus v. INS, 251 F.3d at 1284 . This court reviews the BIA’s factual findings for substantial evidence. Zheng v. Ashcroft, 332 F.3d 1186, 1193 (9th Cir.2003). Under this standard, a petitioner must show that the evidence compels a finding that he is likely to be tortured. See INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992); Fisher v. INS, 79 F.3d 955, 961 (9th Cir.1996) (en banc).

Martirossian based his claim on three incidents that occurred in 1992 and 1993. According to Martirossian, in February 1992, when he was driving his ambulance, he…

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