Zohrabyan

Zohrabyan v. Gonzales

Good Law
181 F. App'x 689
United States Court of Appeals for the Ninth CircuitMay 22, 2006No. 04-72607California328 words

Opinion

Lead Opinion

MEMORANDUM **

Varuzh Zohrabyan, a native of Iran and a citizen of Armenia, petitions pro se for review of an order of the Board of Immigration Appeals (“BIA”) affirming an Immigration Judge’s denial of his applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”).

We have jurisdiction under 8 U.S.C. § 1252 . Reviewing for substantial evidence, Rostomian v. INS, 210 F.3d 1088, 1088 (9th Cir.2000), we grant in part and remand, and deny in part.

Substantial evidence does not support the BIA’s determination that the harms Zohrabyan suffered were not on account of a protected ground because the prison guards told Zohrabyan to quit politics as they beat him. See Ali v. Ashcroft, 394 F.3d 780, 786 (9th Cir.2005). Additionally, there was a nexus between the beatings Zohrabyan suffered and his testimony against prison corruption. See Sagaydak v. Gonzales, 405 F.3d 1035, 1042 (9th Cir.2005).

Therefore, we grant the petition and remand for further proceedings to determine whether Zohrabyan is eligible for asylum or withholding of removal. See INS v. Ventura, 537 U.S. 12, 17-18 , 123 S.Ct. 353 , 154 L.Ed.2d 272 (2002) (per curiam).

To the…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.