Pananyan

Pananyan v. Ashcroft

Good Law
110 F. App'x 787
United States Court of Appeals for the Ninth CircuitSeptember 21, 2004No. 02-73060; Agency No. A77-492-027California469 words

Opinion

Lead Opinion

MEMORANDUM **

Babken Pananyan, a native and citizen of Armenia, petitions for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of an immigration judge’s (“IJ”) denial of his applications for asylum and withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review the denial of asylum and withholding of removal for substantial evidence, Lata v. INS, 204 F.3d 1241, 1245 (9th Cir.2000), and will uphold the IJ’s decision unless the evidence compels a contrary conclusion. INS v. Elias-Zacarias, 502 U.S. 478, 483-484 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). We deny the petition for review.

Substantial evidence supports the IJ’s conclusion that Pananyan has not established a well-founded fear of future persecution. Pananyan’s fear that he will be drafted into the military or alternately jailed for his refusal to serve is unfounded. Pananyan testified that he previously fulfilled his military duties, and was honorably discharged. He is now well beyond the draft age in Armenia. Even in the unlikely event that Pananyan were to be drafted, conscription against religious belief does not…

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