Movsesian

MEMORANDUM **

Varazdat Movsesian, a native and citizen of Armenia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order summarily affirming an immigration judge’s (“I J”) denial of his application for asylum, withholding of removal and relief under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . Where, as here, the BIA affirms without opinion, we review the IJ’s decision as the final agency action. See Mansour v. Ashcroft, 390 F.3d 667, 671 (9th Cir.2004). We review the IJ’s decision for substantial evidence. Id. We dismiss in part, and deny in part, the petition for review.

Because the IJ did not make an explicit adverse credibility determination, we accept Movsesian’s testimony as true. See id. at 671-672 .

Substantial evidence supports the IJ’s finding that the harms Movsesian experienced were not sufficiently severe enough to rise to the level of persecution. See Nagoulko v. INS, 333 F.3d 1012, 1016-1017 (9th Cir.2003); see also Prasad v. INS, 47 F.3d 336, 340-341 (9th Cir.1995).

Substantial evidence also supports the IJ’s finding that Movsesian does not have a well-founded fear of future persecution based on his…

dissenting.

I dissent. I do not believe that our case law supports the IJ’s conclusion that Movsesian failed to establish past persecution. Therefore, I would grant the petition for review in part.