Mardoyan

Mardoyan v. Gonzales

Good Law
225 F. App'x 573
United States Court of Appeals for the Ninth CircuitMarch 19, 2007No. 04-70297California597 words

Opinion

Lead Opinion

MEMORANDUM *

Liana and Samvel Mardoyan, natives and citizens of Armenia, petition for review of the Board of Immigration Appeals’ (BIA) denial of their applications for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). The Immigration Judge (IJ) found Liana, the lead petitioner, credible and that she established past persecution based on political opinion, but withheld relief based on his conclusion that she failed to demonstrate that internal relocation would not avoid future persecution. The BIA affirmed. We have jurisdiction to review this petition under 8 U.S.C. § 1252 , and we grant the petition in part, deny it in part, and remand for further proceedings.

Substantial evidence does not support the BIA’s finding that Liana could avoid future persecution by reasonable relocation to another part of Armenia. Kaiser v. Ashcroft, 890 F.3d 653, 659 (9th Cir.2004). The IJ improperly placed the burden of proof on Liana, and the BIA, while implicitly recognizing the IJ’s error when it re-characterized his finding, improperly relied upon insufficient and generalized grounds for concluding that the government met its burden. Melkonian v.…

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