Mezhlumyan

Mezhlumyan v. Holder

Good Law
321 F. App'x 697
United States Court of Appeals for the Ninth CircuitApril 9, 2009No. 05-71471California1,067 words

Opinion

Lead Opinion

MEMORANDUM **

Andreas Mezhlumyan, a native and citizen of Armenia, petitions for review of a final decision issued by the Board of Immi-' gration Appeals (BIA), affirming an Immigration Judge’s (IJ) denial of asylum, withholding of removal, and Convention Against Torture (CAT) protection. The IJ determined Mezhlumyan was not credible and therefore not eligible for relief. We grant the petition and remand for further proceedings.

To establish his eligibility for asylum, Mezhlumyan was required to prove he suffered past persecution or has a well-founded fear of future persecution based on his political opinion. See Lolong v. Gonzales, 484 F.3d 1173, 1178 (9th Cir.2007) (en banc). Withholding of removal required him to demonstrate it is more likely than not that he would be subjected to persecution if he returns to Armenia. See Kohli v. Gonzales, 473 F.3d 1061, 1070 (9th Cir.2007). For CAT relief, Mezhlumyan had to establish it is more likely than not he would be tortured with the acquiescence of the government upon his return. See Muradin v. Gonzales, 494 F.3d 1208, 1210-11 (9th Cir.2007).

Mezhlumyan sought to meet these burdens by relating numerous incidents of harassment,…

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