Senik Soghomonyan v. Eric Holder, Jr. ( 2014 )

FILED
NOT FOR PUBLICATION DEC 2 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
SENIK SOGHOMONYAN, No. 11-73350
Petitioner, Agency No. A097-367-594
v.
MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 18, 2014**
Before: LEAVY, FISHER, and N.R. SMITH, Circuit Judges.
Senik Soghomonyan, a native and citizen of Armenia, petitions for review of
the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from the
immigration judge’s decision denying his application for asylum and withholding
of removal. We have jurisdiction under 8 U.S.C. § 1252. We review for
*
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).
substantial evidence the agency’s factual findings and de novo questions of law.
Mendoza-Pablo v. Holder, 667 F.3d 1308, 1312 (9th Cir. 2012). We deny the
petition for review.
We reject Soghomonyan’s contention that the agency erred in not
considering his eligibility for humanitarian asylum, because he did not raise the
claim to the agency.
Substantial evidence supports the BIA’s determination that, even if
Soghomonyan was credible and established past persecution, the government
rebutted his presumption of future fear. 8 C.F.R. § 1208.13(b)(ii); see Kumar v.
INS, 204 F.3d 931, 934 (9th Cir. 2000). We reject Soghomonyan’s contention that
the BIA improperly placed the burden of rebutting the presumption of future fear.
Thus, Soghomonyan’s asylum and withholding of removal claims fail.
PETITION FOR REVIEW DENIED.
2 11-73350