Mkrtchyan

Mkrtchyan v. Gonzales

Good Law
137 F. App'x 995
United States Court of Appeals for the Ninth CircuitJuly 1, 2005No. 03-72461; Agency Nos. A75-723-432, A75-723-433California708 words

Opinion

Lead Opinion

MEMORANDUM ***

Amalya Mkrtchyan and her husband Bo *997 sinyan Hovhannes, 1 natives and citizens of Armenia, petition for review of the Board of Immigration Appeals’ (“BIA”) affirmance without opinion of the immigration judge’s (“IJ”) denial of her application for asylum and withholding of removal. Because the BIA affirmed without opinion, we review the I J’s decision.

We grant the petition with respect to Mkrtchyan’s eligibility for asylum because her credible testimony compels a finding of past persecution and because the government has failed to rebut the resultant presumption of a well-founded fear of future persecution. First, contrary to the I J’s conclusions, the combination of job loss, vandalism, confrontation with a violent mob, harassment, detention, beatings, and threats of arrest compel a finding that the harm rises to the level of persecution. See Mashiri v. Ashcroft, 383 F.3d 1112, 1121 (9th Cir.2004); see also Mamouzian v. Ashcroft, 390 F.3d 1129, 1134 (9th Cir.2004); Baballah v. Ashcroft, 367 F.3d 1067, 1076 (9th Cir.2004), as amended.

Second, the record compels the conclusion that the harm suffered by Mkrtchyan was on account of her religion. The IJ did not…

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