Hakobyan

MEMORANDUM **

Rafayel Hakobyan and his wife, Svetlana Yeghiazaryan, natives of Georgia and citizens of Armenia, petition for review of the Board of Immigration Appeals’ (“BIA”) order summarily affirming an immigration judge’s (“IJ”) decision denying their applications for asylum, withholding of removal, and voluntary departure. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence factual findings, Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006), and we review de novo due process claims, Montes-Lopez v. Gonzales, 486 F.3d 1163, 1165 (9th Cir.2007). We dismiss in part, deny in part, and grant in part the petition for review, and we remand.

Substantial evidence supports the IJ’s denial of asylum because Hakobyan’s experiences did not rise to the level of past persecution. See Hoxha v. Ashcroft, 319 F.3d 1179, 1182 (9th Cir.2003). Furthermore, substantial evidence supports the conclusion that petitioners have not established a well-founded fear of persecution if they return to Armenia. See Nagoulko v. INS, 333 F.3d 1012, 1018 (9th Cir.2003). Finally, petitioners failed to exhaust before the BIA their contentions that their immediate family…