Khachatooriansagh-Damargtin

Khachatooriansagh-Damargtin v. Ashcroft

Good Law
107 F. App'x 141
United States Court of Appeals for the Ninth CircuitAugust 19, 2004No. 02-73965; Agency No. A75-613-929California342 words

Opinion

Lead Opinion

MEMORANDUM **

Vanek Khachatooriansaghdamargtin, an ethnic Armenian Christian, native and citizen of Iran, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision summarily affirming the Immigration Judge’s (“IJ”) denial of his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for substantial evidence, see Malhi v. INS, 336 F.3d 989, 993 (9th Cir.2003), and deny the petition for review.

Substantial evidence supports the IJ’s finding that the petitioner failed to show that the persecution was on account of his religious beliefs, when prosecuted, imprisoned, and beaten for the charge of failing to pay rent. See Fisher v. INS, 79 F.3d 955, 961-62 (9th Cir.1996) (en banc) (holding Iranian woman punished for allowing her hair to show and wearing makeup was not persecuted on account of political or religious beliefs).

Furthermore, substantial evidence supports the IJ’s finding that the petitioner’s fear of future persecution is based on possible criminal prosecution that is absent any improper government motive. See Abedini v. INS, 971 F.2d 188, 191…

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