Sargsyan

Sargsyan v. Mukasey

Good Law
261 F. App'x 62
United States Court of Appeals for the Ninth CircuitDecember 21, 2007No. 05-72982California414 words

Opinion

Lead Opinion

MEMORANDUM *

Lead petitioner Anna Sargsyan and her husband, Tadevos Karapetyan, natives and citizens of Armenia, petition for review of a Board of Immigration Appeals (“BIA”) order. The order dismissed their appeal from an Immigration Judge’s (“IJ”) decision denying their application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We deny the petition for review.

The BIA adopted and affirmed the decision of the Immigration Judge, but expressly did not adopt the IJ’s adverse credibility determination. See Abebe v. Gonzales, 432 F.3d 1037 , 1040 & n. 4 (9th Cir.2005) (en banc); Matter of Burbano, 20 I. & N. Dec. 872, 874 (BIA 1994).

The BIA held that even if Sargsyan was found to be credible, nothing that happened to her in the past established she was or would be persecuted on the basis of her religion. Sargsyan testified to being involved in a single attack (the 1999 attack) in which she was seriously injured. *63 With the exception of the 1995 attack in which she was not seriously injured, Sargsyan was not prevented from practicing her religion. Presuming Sargsyan’s testimony to be true, the cumulative effect of the alleged harms to…

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