Vahanian

Vahanian v. Ashcroft

Good Law
97 F. App'x 178
United States Court of Appeals for the Ninth CircuitMay 18, 2004No. 02-73276; Agency No. A72-512-797California317 words

Opinion

Lead Opinion

MEMORANDUM **

The petitioner seeks review of a final order of the Board of Immigration Appeals (BIA) affirming an order of deportation and denial of asylum. The BIA concluded that the petitioner has not suffered past *179 persecution and is in no danger of future persecution upon his return to Armenia.

The petitioner, formerly a head architect in Armenia, alleges that he would be persecuted upon return to Armenia because of his brief involvement over a decade ago in the national army (HAB), an organization that was loosely affiliated with the Armenian Revolutionary Federation or “Dashnaks.” The record indicated that the Dashnaks are no longer at risk of persecution, and in fact, have been recognized by the Armenian government as a political party. Vahanian’s own expert could present no evidence of persecution of former HAB members since the Soviet Union fell and Armenia gained its independence. On this record, substantial evidence supports the BIA’s finding that the petitioner does not have a reasonable fear of persecution. See INS v. Elias-Zacarias, 502 U.S. 478, 483-84 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992).

Furthermore, the petitioner, who was never a member of the…

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