Churchian
Churchian v. Gonzales
Opinion
Lead Opinion
*534 MEMORANDUM **
Hakob Sar Churchian is a thirty-five-year-old native and citizen of Azerbaijan. He is of mixed Azeri-Armenian heritage. The United States granted Churchian asylum on October 2, 2004. On October 18, 2004, a California court convicted Churchian of two offenses: burglary and sexual battery of a minor.
On December 14, 2005, the government notified Churchian of its intent to revoke his asylum status. Churchian was issued a Notice to Appear on December 15, 2005, charging him with being subject to removal under 8 U.S.C. § 1182 (a)(2)(A)(i)(I) as an alien who has been convicted of a crime involving moral turpitude.
Churchian filed a renewed asylum application, and the IJ held a hearing on April 12, 2006. At the hearing, Churchian sought asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). The IJ denied asylum and withholding but granted CAT relief. The government appealed the IJ’s grant of CAT relief. Churchian did not appeal the denial of asylum or withholding of removal. On August 15, 2006, the Board of Immigration Appeals (“BIA”) granted the appeal. Churchian timely appealed the BIA’s order.