Merabian

Merabian v. Holder

Good Law
325 F. App'x 509
United States Court of Appeals for the Ninth CircuitApril 27, 2009No. 04-76388California408 words

Opinion

Lead Opinion

MEMORANDUM ***

George Merabian, a citizen of Georgia, petitions for review of a Board of Immigration Appeals (“BIA”) decision denying his applications for asylum, withholding of *510 removal and protection under the Convention against Torture (“CAT”). We deny the petition for review. Because the parties are familiar with the factual and procedural history of this case, we will not recount it here.

Substantial evidence supports the BIA’s conclusion that the petitioner had not established eligibility for asylum. See Singh v. I.N.S., 134 F.3d 962, 966 (9th Cir.1998) (describing standard). Assuming, without deciding, that the attacks on Merabian rose to the level of persecution, the major issue in contention is whether Merabian suffered persecution at the hands of individuals the Georgian government was unwilling or unable to control. Avetova-Elisseva v. I.N.S., 213 F.3d 1192, 1196 (9th Cir.2000). One of the factors we weigh in evaluating persecution caused by non-governmental actors is whether the petitioner reported the incidents to the police. Ornelas-Chavez v. Gonzales, 458 F.3d 1052, 1057 (9th Cir.2006). In order for us to conclude that the government bears some responsibility…

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