Pashalyan
Pashalyan v. Gonzales
Opinion
Lead Opinion
MEMORANDUM **
Hakob Pashalyan, a native and citizen of Armenia, appeals the Board of Immigration Appeals’ (“BIA”) summary affirmance of the Immigration Judge’s (“IJ”) denial of his applications for asylum and withholding of removal. 1 We grant the petition for review and remand to the BIA.
Pashalyan argues on appeal that the IJ erred in concluding he did not establish past persecution or a well-founded fear of future persecution on account of his political opinion. This court reviews the BIA’s decision that an alien has not established eligibility for asylum or withholding of removal to determine whether the claims are supported by substantial evidence. Karouni v. Gonzales, 399 F.3d 1163, 1170 (9th Cir.2005). This standard limits reversals of BIA decisions to situations where a petitioner has presented evidence so compelling that no reasonable factfinder could fail to find that he or she has not established eligibility for asylum. Ali v. Ashcroft, 394 F.3d 780, 784 (9th Cir.2005). When the BIA affirms an IJ’s decision without opinion, this court reviews the IJ’s decision as the final agency determination. Karouni, 399 F.3d at 1170 .