Babayan

MEMORANDUM *

Ruzanna Babayan, a native citizen of Armenia, petitions for review of the BIA’s denial of application for asylum, withholding of deportation and relief under the Convention Against Torture. Any due process challenge to the BIA’s summary affirmance of the IJ’s decision is foreclosed by Falcon Carriche v. Ashcroft, 350 F.3d 845, 849-52 (9th Cir.2003).

We placed this petition in our pro bono program and appointed counsel for petitioner. Counsel’s brief ably contends that: (1) the IJ erred in finding that Petitioner lacked credibility; and (2) the IJ should have found, based on Petitioner’s credible testimony, that the threats Petitioner received after witnessing an execution were on account of her actual or imputed political opinion. Even assuming that Petitioner’s testimony was credible, while the IJ could have made a finding of persecution on account of a protected ground on the basis of such evidence, the record did not compel the IJ to find that Petitioner established a sufficient credible nexus between the threats she testified she received and any political opinion or imputed political opinion. See Molino-Morales v. INS, 237 F.3d 1048, 1051 (9th Cir.2001). The IJ…