Artsruni

MEMORANDUM **

Gevorg Artsruni, a native of the former Soviet Union and a citizen of Armenia, petitions for review of the denial of his application for asylum, withholding of removal and protection under the Convention Against Torture (CAT). We have jurisdiction pursuant to 8 U.S.C. § 1252 . We grant the petition in part and remand.

Where the BIA summarily affirms the decision of the IJ, we review the IJ’s decision as the final agency determination. Zehatye v. Gonzales, 453 F.3d 1182, 1184 (9th Cir.2006).

We review for substantial evidence the determination that a petitioner is ineligible for relief and will grant the petition only if the evidence compels a contrary conclusion. Id. at 1185 .

Substantial evidence supports the IJ’s conclusion that Artsruni has not shown persecution based on a protected ground. The evidence does not compel the conclusion that Artsruni expressed any political opinion or neutrality when he merely refused to divulge information to governmental authorities. See Borja v. I.N.S., 175 F.3d 732, 736 (9th Cir.1999) (en banc) (finding petitioner expressed political neutrality by articulating her opposition). Further, Artsruni’s own testimony regarding the…