Anna Akopian v. Loretta E. Lynch , 603 F. App'x 591 ( 2015 )


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  •                                                                               FILED
    NOT FOR PUBLICATION                               MAY 12 2015
    MOLLY C. DWYER, CLERK
    UNITED STATES COURT OF APPEALS                          U.S. COURT OF APPEALS
    FOR THE NINTH CIRCUIT
    ANNA AKOPIAN, AKA Anoush                         No. 12-70640
    Patrikian,
    Agency No. A095-716-867
    Petitioner,
    v.                                              MEMORANDUM*
    LORETTA E. LYNCH, Attorney General,
    Respondent.
    On Petition for Review of an Order of the
    Board of Immigration Appeals
    Submitted May 6, 2015**
    Pasadena, California
    Before: FISHER, BEA, and FRIEDLAND, Circuit Judges.
    Anna Akopian, a native of the former Soviet Union and citizen of Georgia,
    petitions for review of the Board of Immigration Appeals’ order dismissing her
    appeal from an Immigration Judge’s decision denying her applications for asylum,
    *
    This disposition is not appropriate for publication and is not precedent
    except as provided by 9th Cir. R. 36-3.
    **
    The panel unanimously concludes this case is suitable for decision
    without oral argument. See Fed. R. App. P. 34(a)(2).
    withholding of removal, and relief under the Convention Against Torture (“CAT”).
    We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence
    the agency’s factual findings, Cortez–Pineda v. Holder, 
    610 F.3d 1118
    , 1124 (9th
    Cir. 2010), and we deny the petition.
    Substantial evidence supports the agency’s finding that the treatment
    Akopian endured did not rise to the level of persecution. See Hoxha v. Ashcroft,
    
    319 F.3d 1179
    , 1182 (9th Cir. 2003). Substantial evidence also supports the
    agency’s finding that Petitioner failed to demonstrate a well-founded fear of future
    persecution, because her fear is not objectively reasonable. See Castro-Martinez v.
    Holder, 
    674 F.3d 1073
    , 1082 (9th Cir. 2011). Thus, Petitioner has not established
    eligibility for asylum. Because Petitioner failed to establish eligibility for asylum,
    it necessarily follows that she failed to meet the more stringent standard for
    withholding of removal. See Zehatye v. Gonzales, 
    453 F.3d 1182
    , 1190 (9th Cir.
    2006).
    Finally, substantial evidence supports the denial of Petitioner’s CAT claim,
    because she has not shown that it is more likely than not she will be tortured by or
    with the consent or acquiescence of the government of Georgia if she is returned
    there. See Zheng v. Holder, 
    644 F.3d 829
    , 835 (9th Cir. 2011).
    PETITION DENIED.
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