Davtyan

Davtyan v. Ashcroft

Good Law
112 F. App'x 620
United States Court of Appeals for the Ninth CircuitOctober 27, 2004No. 03-71709California1,379 words

Opinion

Lead Opinion

MEMORANDUM *

Anzhik Davit Davtyan, a native and citizen of Armenia and a member of the National Democratic Union (“NDU”), petitions for review of the decision of the Board of Immigration Appeals (“BIA”) affirming the immigration judge’s (“IJ”) denial of asylum and withholding of removal because the “persecution” she suffered was not “on account” of political opinion. We review the IJ’s decision as if it were the BIA’s because the BIA summarily affirmed that decision. See Al-Harbi v. INS, 242 F.3d 882, 887-88 (9th Cir.2001). “To reverse the BIA finding we must find that the evidence not only supports that conclusion, but compels it.” INS v. Elias-Zacarias, 502 U.S. 478 , 481 n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992).

The primary issue in this case is whether the assault upon Davtyan was “on account of’ political opinion. The govern *622 ment concedes that Davtyan was credible, so we take all of Davtyan’s testimony as true. According to Davtyan, the attackers who assaulted both her and her husband, and administered the beating from which her husband died, specifically told her husband while they were beating him to “get out of the NDU or we will destroy your family.” This, along…

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