Fotoohighiam

Fotoohighiam v. Ashcroft

Good Law
112 F. App'x 636
United States Court of Appeals for the Ninth CircuitNovember 5, 2004No. 03-70126California1,035 words

Opinion

Lead Opinion

MEMORANDUM **

Mehrzad Fotoohighiam and her two children, Misagh and Milad Khoshnevisrad, *637 natives and citizens of Iran, petition for review of a decision by the Board of Immigration Appeals (“BIA”) denying their application for relief under the Convention Against Torture (“CAT”), 8 C.F.R. § 1208.16 (c). We have jurisdiction pursuant to the Illegal Immigration Reform and Immigrant Responsibility Act (“IIRIRA”), § 309(c)(4) (1996). 1 We deny the petition for review.

Fotoohighiam’s CAT claim is based on the Iranian government’s alleged interest in her husband, Ali Khoshnevisrad. Khoshnevisrad was reported to the Iranian government after being observed drinking beer, contrary to Muslim teachings. Fotoohighiam asserts that he was thereafter considered by the government to be a bad Muslim. She testified that, as punishment, he was harassed almost daily, fired from his job, forced to grow a beard and pray in public five times a day, sent to the Iran/Iraq war, and arrested and imprisoned on two occasions. He no longer resides in Iran. Fotoohighiam also asserts that she was threatened and physically assaulted by government authorities and that her children were traumatized after…

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