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SAHAKYAN v. GARLAND (2021)

United States Court of Appeals, Ninth Circuit.2021-08-03No. No. 19-71377

Summary

Holding. The petition for review is denied. The court affirmed the BIA's dismissal of Sahakyan's appeal, finding that substantial evidence supports the agencies' determinations that she did not experience past persecution and failed to establish a well-founded fear of future persecution, thereby making her ineligible for both asylum and withholding of removal.

Ani Sahakyan, an Armenian citizen, sought review of a decision denying her asylum and withholding-of-removal applications. The immigration judge and Board of Immigration Appeals both rejected her claims, and she appealed to the federal court. The court found that substantial evidence supported the agency's conclusion that the harm she experienced in Armenia did not constitute persecution under immigration law, and that she failed to demonstrate a genuine, well-founded fear of future persecution based on objective evidence.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Whether past harm experienced in Armenia rose to the level of persecution
  • Whether the applicant established a well-founded fear of future persecution
  • Eligibility for asylum and withholding of removal

Procedural posture

Sahakyan petitioned for review of the BIA's order affirming an immigration judge's denial of her asylum and withholding-of-removal applications.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

MEMORANDUM **

Ani Sahakyan, a native and citizen of Armenia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judges decision denying her application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the agencys factual findings. Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir. 2006). We deny the petition for review.

Substantial evidence supports the agencys determination that the harm Sahakyan experienced in Armenia, even considered cumulatively, did not rise to the level of persecution. See Gu v. Gonzales, 454 F.3d 1014, 1019-21 (9th Cir. 2006) (detention, beating, and interrogation did not compel a finding of past persecution); see also INS. v. Elias-Zacarias, 502 U.S. 478, 481 n.1, 112 S.Ct. 812, 117 L.Ed.2d 38 (1992) (“To reverse the BIA finding we must find that the evidence not only supports that conclusion, but compels it[.]”); Nagoulko v. INS, 333 F.3d 1012, 1016 (9th Cir. 2003) (“Persecution ․ is an extreme concept that does not include every sort of treatment our society regards as offensive.” (citation and internal quotation marks omitted)).

Substantial evidence also supports the agencys determination that Sahakyan failed to establish a well-founded fear of future persecution. See Gu, 454 F.3d at 1022 (petitioner failed “to present compelling, objective evidence demonstrating a well-founded fear of persecution”); see also Nagoulko, 333 F.3d at 1018 (possibility of future persecution “too speculative”).

Thus, Sahakyans asylum claim fails.

Because Sahakyan failed to establish eligibility for asylum, in this case, she failed to establish eligibility for withholding of removal. See Zehatye, 453 F.3d at 1190.

The temporary stay of removal remains in place until issuance of the mandate.

PETITION FOR REVIEW DENIED.