Gabrielyan

Gabrielyan v. Gonzales

Good Law
204 F. App'x 670
United States Court of Appeals for the Ninth CircuitNovember 15, 2006No. 05-73182California374 words

Opinion

Lead Opinion

MEMORANDUM **

Artur Gabrielyan, a native of Russia and citizen of Armenia, petitions for review of the Board of Immigration Appeals’ order affirming without opinion an immigration judge’s (“IJ”) decision denying his applications for asylum, withholding of removal and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, see Gormley v. Ashcroft, 364 F.3d 1172, 1176 (9th Cir. 2004), and deny the petition for review.

*671 The IJ did not make an express adverse credibility finding, so we accept Gabrielyan’s testimony as true. See Kataria v. INS, 232 F.3d 1107, 1114 (9th Cir.2000). Gabrielyan failed to demonstrate that either of the attacks he suffered during his military service was based on anything other than purely personal retribution, “completely untethered to a governmental system.” See Grava v. INS, 205 F.3d 1177 , 1181 n. 3 (9th Cir.2000). Gabrielyan also did not establish that the April 2002 attack was anything more than a random criminal act. See Gormley, 364 F.3d at 1177 . Further, even if Gabrielyan’s two-day detention in March of 2002 was based on his political opinion, the IJ’s…

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