Khodaverdyan

MEMORANDUM *

Vartan Khodaverdyan, a native and citizen of Armenia, petitions for review of the decision of the Board of Immigration Appeals (“BIA”) summarily affirming the immigration judge’s (“IJ”) denial of asylum, withholding of removal, and relief under the Convention Against Torture(“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, see Avetova-Elisseva v. INS, 213 F.3d 1192, 1196 (9th Cir.2000), and grant the petition for review.

Although Khodaverdyan presented evidence that he and his family were mistreated by the Armenian authorities and the public on account of his wife’s Azeri ethnicity, we cannot say that the past harm compels a finding of past persecution. See id. at 1197 (holding that harassment, discrimination and hostility did not rise to the level of past persecution).

However, the record compels a finding that Khodaverdyan has a subjectively genuine and objectively reasonable fear of future persecution in Armenia. See id. at 1201-02 (holding that petitioner demonstrated a well-founded fear of persecution based on her past harm and country conditions evidence). First, the continuous and threatening nature of Khodaverdyan’s…