Grigoryan

Grigoryan v. Holder

Good Law
360 F. App'x 753
United States Court of Appeals for the Ninth CircuitDecember 23, 2009No. 06-70607California391 words

Opinion

Lead Opinion

MEMORANDUM **

Hayk Grigoryan, a native and citizen of Armenia, petitions pro se for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence, Wang v. INS, 352 F.3d 1250, 1253 (9th Cir.2003), and we dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the IJ’s determination that Grigoryan’s asylum application was untimely because that finding is based on disputed facts. See 8 U.S.C. § 1158 (a)(3); cf. Ramadan v. Gonzales, 479 F.3d 646, 650 (9th Cir.2007) (per curiam) (exercising jurisdiction to consider one-year bar determination where facts were undisputed). Accordingly, we dismiss Grigoryan’s asylum claim.

Grigoryan claims his father, Vartan Grigoryan, was persecuted in Armenia because of articles his father wrote against the Robert Kocharyan government, and that he was persecuted, in part, for the same reason. The IJ found Grigoryan not credible, among other reasons, because:…

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