Sevoyan

Sevoyan v. Gonzales

Good Law
238 F. App'x 313
United States Court of Appeals for the Ninth CircuitJuly 16, 2007No. 05-77361California410 words

Opinion

Lead Opinion

MEMORANDUM **

Susanna Sevoyan, a native and citizen of Armenia, petitions for review of a decision by the Board of Immigration Appeals. The Board dismissed Sevoyan’s appeal from the Immigration Judge’s (“IJ”) 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.

The Board conducted a de novo review of the IJ’s oral decision. Our review is therefore limited to the Board’s decision, “except to the extent that the IJ’s opinion is expressly adopted.” Shah v. INS, 220 F.3d 1062, 1067 (9th Cir.2000) (internal quotation marks omitted). We review whether the Board’s conclusions are supported by substantial evidence. Id- We will grant the petition only if the evidence compels a contrary conclusion. See Zehatye v. Gonzales, 453 F.3d 1182, 1185 (9th Cir.2006).

Substantial evidence supports the Board’s conclusion that the harassment and discrimination alleged by Sevoyan did not rise to the level of past persecution. See Gu v. Gonzales, 454 F.3d 1014 , 1019— 21 (9th Cir.2006) (three-day detention involving multiple beatings with blunt instrument did not…

Dissenting Opinion

Berzon, J.

dissenting.

I dissent. I do not believe that our case law supports the Board’s conclusion that Sevoyan failed to establish past persecution.

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