Hovhannisyan

Hovhannisyan v. Gonzales

Good Law
125 F. App'x 860
United States Court of Appeals for the Ninth CircuitApril 8, 2005No. 03-71913; Agency No. A77-850-301California308 words

Opinion

Lead Opinion

MEMORANDUM ****

Albert Hovhannisyan and his wife Inesa Marinosyan, natives and citizens of Armenia, petition for review of the Board of Immigration Appeals’ summary affirmance of an Immigration Judge’s (“IJ”) denial of their applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). Reviewing for substantial evidence, see Lata v. INS, 204 F.3d 1241, 1244 (9th Cir.2000), we deny the petition for review.

Substantial evidence supports the IJ’s conclusion that, assuming the truth of the account given at the hearing, the petitioners did not demonstrate past persecution on account of a protected ground. The cause of their son’s death, and his brother’s subsequent detention, is speculative, and Hovhannisyan’s brief detention does not amount to persecution. See Prasad v. INS, 47 F.3d 336, 339-40 (9th Cir.1995). We therefore do not address the IJ’s alternative basis for denying relief, the adverse credibility determination.

Substantial evidence also supports the IJ’s conclusion that the petitioners did not demonstrate a well-founded fear of persecution should they return to Armenia. They did not “point[] to credible, direct, and specific…

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