Safaryan

Safaryan v. Holder

Good Law
314 F. App'x 949
United States Court of Appeals for the Ninth CircuitMarch 2, 2009No. 06-73436California358 words

Opinion

Lead Opinion

MEMORANDUM **

Rafik Safaryan, his wife and two children, natives and citizens of Armenia, petition pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s (“IJ”) decision denying their application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence factual findings, INS v. Elias-Zacarias, 502 U.S. 478 , 481 n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992), and we review de novo claims of constitutional violations in immigration proceedings, Ram v. INS, 243 F.3d 510, 516 (9th Cir.2001). We deny in part and dismiss in part the petition for review.

The record does not compel reversal of the agency’s conclusion that Safar-yan did not establish past persecution or a well-founded fear of future persecution on account of a protected ground. See Molina-Morales v. INS, 237 F.3d 1048, 1051-52 (9th Cir.2001) (concluding that where evidence does not compel the conclusion that alleged persecutors attributed a political opinion to petitioner, personal retribution is not persecution on account of a…

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