Harutunov

MEMORANDUM **

Ivan Harutunov, an ethnic Armenian from Azerbaijan, appeals the Board of Immigration Appeals’ (“BIA”) affirmance of the immigration judge’s (“U”) order denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). Harutunov sought asylum in the United States after he and his family were persecuted as members of an ethnic and religious minority in Azerbaijan.

We have jurisdiction to review Harutunov’s claims under 8 U.S.C. § 1252 (a). Because the BIA issued a streamlined decisión, the court reviews the IJ’s decision, which is treated as the final agency determination. 8 C.F.R. § 1003.1 (e)(4)(ii); see also Falcon Carriche v. Ashcroft, 350 F.3d 845, 855 (9th Cir.2003).

The denial of asylum is reviewed for substantial evidence. Camposeco-Montejo v. Ashcroft, 384 F.3d 814, 818 (9th Cir. 2004). A finding of “firm resettlement” is considered a factual determination that is also reviewed under the substantial evidence standard. Maharaj v. Gonzales, 450 F.3d 961, 967 (9th Cir.2006) (en banc).

1. Firm Resettlement

Substantial evidence does not support the IJ’s decision that Harutunov had firmly resettled in Armenia.…