Gagikyan

Gagikyan v. Gonzales

Good Law
237 F. App'x 255
United States Court of Appeals for the Ninth CircuitJune 20, 2007No. 05-74104California462 words

Opinion

Lead Opinion

MEMORANDUM **

Petitioner Gayane Gagikyan, an Armenian native and citizen, seeks review of the denial of her application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We deny the petition for review.

Because the Board summarily affirmed the Immigration Judge’s (“IJ”) decision without opinion, we review the IJ’s decision as the final agency action. See Lanza v. Ashcroft, 389 F.3d 917, 925 (9th Cir.2004). We review whether the IJ’s conclusion that an applicant is ineligible for relief is supported by substantial evidence. See Zehatye v. Gonzales, 453 F.3d 1182, 1185 (9th Cir.2006). We will grant the petition only if the evidence compels a contrary conclusion. Id.

Substantial evidence supports the IJ’s finding that Gagikyan did not suffer *257 past persecution. 2 Gagikyan testified that she received threats of violence and was briefly detained on one occasion without suffering physical abuse. This alleged conduct does not rise to the level of persecution. See Hoxha v. Ashcroft, 319 F.3d 1179, 1182 (9th Cir.2003) (no persecution based on one beating incident and unfulfilled…

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