Goubasarian

Goubasarian v. Gonzales

Good Law
146 F. App'x 899
United States Court of Appeals for the Ninth CircuitOctober 21, 2005No. 04-73385California291 words

Opinion

Lead Opinion

MEMORANDUM **

Gagik Goubasarian, his wife, Aida Minasian, and his son, Khristofor Goubasarian, are natives and citizens of Armenia. Goubasarian petitions for review of the Board *900 of Immigration Appeals’ (“BIA”) decision, which summarily affirmed the Immigration Judge’s (“IJ”) order denying his application for relief under the Convention Against Torture (“CAT”).

Where, as here, the BIA affirms without an opinion, we review the IJ’s decision directly. See Falcon Carriche v. Ashcroft, 350 F.3d 845, 849 (9th Cir.2003). We review for substantial evidence the IJ’s decision to deny CAT relief, Zheng v. Ashcroft, 332 F.3d 1186, 1193 (9th Cir.2003), and we deny this petition for review.

Substantial evidence supports the IJ’s denial of CAT relief. See Malhi v. INS, 336 F.3d 989, 993 (9th Cir.2003). Goubasarian failed to establish that he was tortured in the past, see Gui v. INS, 280 F.3d 1217, 1230 (9th Cir.2002), or that it is more likely than not that he will be tortured if he returns to Armenia, see Malhi, 336 F.3d at 993 .

Finally, we note that on August 16, 2004, the BIA granted Khristofor’s motion to reopen his case to allow Khristofor to apply for adjustment of status based…

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