Mnatsakanova

Mnatsakanova v. Gonzales

Good Law
176 F. App'x 845
United States Court of Appeals for the Ninth CircuitApril 19, 2006No. 04-72527California345 words

Opinion

Lead Opinion

MEMORANDUM **

Lidia Mnatsakanova, a native of the former Soviet Union and a putative citizen of Azerbaijan, petitions for review of the order of the Board of Immigration Appeals *846 (“BIA”) granting her motion to reopen, and concluding that the immigration judge (“IJ”) properly denied her applications for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review the BIA’s decision for substantial evidence. Andriasian v. INS, 180 F.3d 1033, 1040 (9th Cir.1999). We grant the petition for review.

An application for asylum must be denied if the alien has firmly resettled in another country. See 8 U.S.C. § 1158 (b)(2)(A)(vi). An alien is not “firmly resettled” if the “conditions of ... her residence in that country were so substantially and consciously restricted by the authority of the country of refuge that ... she was not in fact resettled.” 8 C.F.R. § 1208.15 (b). Mnatsakanova’s uncontradicted testimony described widespread harassment in Georgia, as well as a restrictive and discriminatory system of “registration.” See Andriasian, 180 F.3d at 1043-47 (holding that an ethnic Armenian from…

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