Khachatryan

Khachatryan v. Mukasey

Good Law
302 F. App'x 691
United States Court of Appeals for the Ninth CircuitDecember 3, 2008No. 05-74496California344 words

Opinion

lead Opinion

*692 MEMORANDUM **

Karine Khachatryan, a native of Uzbekistan and citizen of Armenia, petitions for review of a Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s (“IJ”) decision denying her application for asylum and withholding of removal. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence, INS v. EliasZacarias, 502 U.S. 478 , 481 n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992), and deny in part and dismiss in part the petition for review.

Substantial evidence supports the agency’s finding that Khachatryan failed to demonstrate that her experiences in Armenia rose to the level of persecution. See Nagoulko v. INS, 333 F.3d 1012, 1016-18 (9th Cir.2003). In addition, substantial evidence supports the agency’s finding that Khachatryan’s fear of future persecution is undermined because her similarly situated husband remains in Armenia and continues to practice their religion unharmed. See Hakeem v. INS, 273 F.3d 812, 816 (9th Cir.2001). Accordingly, Khachatryan’s asylum claim fails.

We lack jurisdiction to consider Khachatryan’s contention that the IJ’s decision was inconsistent with the BIA’s March 8, 2004…

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