Zakarian v. Garland ( 2023 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS MAR 20 2023
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
GEORGE OHANES ZAKARIAN, No. 21-287
Petitioner, Agency No. A090-191-420
v.
MEMORANDUM*
MERRICK B. GARLAND, U.S. Attorney
General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 16, 2023**
Pasadena, California
Before: BRESS and MENDOZA, Circuit Judges, and ERICKSEN, *** District
Judge.
George Ohanes Zakarian, a native and citizen of Iraq, petitions for review
of a Board of Immigration Appeals (BIA) decision affirming an Immigration
Judge (IJ) order denying his application for protection under the Convention
*
This disposition is not appropriate for publication and is not
precedent except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
***
The Honorable Joan N. Ericksen, United States District Judge for
the District of Minnesota, sitting by designation.
Against Torture (CAT). We review the agency’s decision for substantial
evidence. Sharma v. Garland, 9 F.4th 1052, 1066 (9th Cir. 2021). “Under this
standard, we must uphold the agency determination unless the evidence compels
a contrary conclusion.” Duran-Rodriguez v. Barr, 918 F.3d 1025, 1028 (9th Cir.
2019). Where the BIA “adopt[s] and affirm[s] the IJ’s decision without adding
any commentary of its own, we treat the IJ’s decision as that of the BIA.” Sinha
v. Holder, 564 F.3d 1015, 1019–20 (9th Cir. 2009) (quotation omitted). We have
jurisdiction under 8 U.S.C. § 1252 and deny the petition.1
Substantial evidence supports the agency’s denial of CAT relief. “A
petitioner seeking CAT relief must show that it is more likely than not that he will
be tortured upon removal, and that the torture will be inflicted at the instigation
of, or with the consent or acquiescence of, the government.” Arteaga v. Mukasey,
511 F.3d 940, 948 (9th Cir. 2007). The evidence in the record does not compel
the conclusion that Zakarian more likely than not will be tortured with the consent
or acquiescence of the Iraqi government if he is removed to Iraq. Zakarian did
not present evidence that he or his family members had ever been harmed or
tortured in Iraq. The IJ also found that some non-Muslims have lived in more
hospitable areas of Iraq and that country reports show that Iraq has made efforts
to protect religious minorities. In fact, the IJ found that the country report detailed
1
Zakarian does not challenge the IJ’s determination that he is removable and not
eligible for asylum, withholding, or cancellation of removal due to various
criminal convictions.
2 21-287
the Iraqi government’s ongoing efforts to battle ISIS and provide security to
minority groups.
Substantial evidence supports these findings. Zakarian has not
demonstrated it is more likely than not that he “faces any particularized risk” of
torture if he returns to Iraq. Ruiz-Colmenares v. Garland, 25 F.4th 742, 751 (9th
Cir. 2022).
PETITION DENIED.
3 21-287