Narrative Opinion Summary
An Iranian native and Armenian citizen sought review of the Board of Immigration Appeals' decision affirming the denial of his asylum application, withholding of removal, and relief under the Convention Against Torture. The court, exercising jurisdiction under 8 U.S.C. § 1252, conducted a substantial evidence review. The Immigration Judge found that the petitioner did not demonstrate a well-founded fear of persecution based on his national origin, as there was no evidence of victimization by Armenians, police, or government officials. Consequently, the petitioner did not satisfy the burden of proof for asylum or the higher standard for withholding of removal. Moreover, the petitioner waived his challenge to the denial of CAT relief by failing to address it in his opening brief. His attempt to contest the BIA’s denial of a motion to reopen was dismissed due to the lack of a separate petition for review. The court denied the petition for review, and the decision was not published or designated as precedent pursuant to 9th Cir. R. 36-3.
Legal Issues Addressed
Asylum Application and Well-Founded Fear of Persecutionsubscribe to see similar legal issues
Application: The court upheld the Immigration Judge's decision that the petitioner did not demonstrate a well-founded fear of persecution, which is necessary for asylum eligibility.
Reasoning: The court concluded that the IJ's determination that Khachatryan did not establish a well-founded fear of future persecution based on a protected ground is supported by substantial evidence.
Procedural Requirements for Motion to Reopensubscribe to see similar legal issues
Application: A separate petition for review is necessary to challenge the BIA’s denial of a motion to reopen.
Reasoning: His challenge to the BIA’s denial of his motion to reopen was not considered, as he did not file a separate petition for review regarding that decision.
Publication and Precedent in Immigration Rulingssubscribe to see similar legal issues
Application: The court’s ruling is not designated for publication or as precedent under specific circuit rules.
Reasoning: The petition for review is denied, and the ruling is not designated for publication or as a precedent under 9th Cir. R. 36-3.
Review of Immigration Appeals under 8 U.S.C. § 1252subscribe to see similar legal issues
Application: The court reviews Board of Immigration Appeals decisions for substantial evidence under the jurisdiction established by 8 U.S.C. § 1252.
Reasoning: The jurisdiction is established under 8 U.S.C. § 1252, with the review conducted for substantial evidence.
Waiver of Claims in Immigration Proceedingssubscribe to see similar legal issues
Application: The petitioner waived his challenge to the denial of relief under the Convention Against Torture by not addressing it in his opening brief.
Reasoning: Additionally, Khachatryan waived any challenge to the denial of CAT relief by not addressing it in his opening brief.
Withholding of Removal Standardssubscribe to see similar legal issues
Application: The petitioner failed to meet the higher standard required for withholding of removal since the burden of proof for asylum was not met.
Reasoning: Consequently, as he failed to meet the burden for asylum, he also did not meet the higher standard required for withholding of removal.