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Agadzhanyan v. Gonzales
Citation: 176 F. App'x 879Docket: No. 03-73713
Court: Court of Appeals for the Ninth Circuit; April 21, 2006; Federal Appellate Court
Petitioner Goarik Babayevna Agadzhanyan, an ethnic Armenian from Azerbaijan, contests the Board of Immigration Appeals’ (BIA) ruling that denied her asylum, withholding of removal, and Convention Against Torture (CAT) relief, asserting that she was firmly resettled in Russia. The BIA's conclusion was supported by evidence of an offer of citizenship in Russia. However, the conditions surrounding her residence in Russia were deemed highly restricted, particularly due to her lack of a propiska, which limited her rights compared to other residents. Consequently, it was determined that she was not firmly resettled. Both parties concurred that the case should be remanded to the BIA to assess whether she would face future persecution in Azerbaijan, given that the immigration judge acknowledged her past persecution based on ethnicity. The court granted the petition for review and remanded the case to the BIA for further consideration. The disposition of this case is not suitable for publication and cannot be cited in this circuit's courts, per Ninth Circuit Rule 36-3. The claims regarding asylum, withholding of removal, and CAT relief were not evaluated as these were contingent on the firm resettlement finding being upheld.