Razmik Ovanesyan v. Eric Holder, Jr.

FILED
NOT FOR PUBLICATION OCT 20 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
RAZMIK OVANESYAN, No. 08-72750
Petitioner, Agency No. A095-450-355
v.
MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 14, 2014**
Before: LEAVY, GOULD, and BERZON, Circuit Judges.
Razmik Ovanesyan, a native of Iran and a citizen of Armenia, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal
from an immigration judge’s (“IJ”) decision denying his application for asylum
and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252. We
*
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).
review for substantial evidence factual findings. Zehatye v. Gonzales, 453 F.3d
1182, 1184-85 (9th Cir. 2006). We grant the petition for review and we remand.
In light of the IJ’s finding that Ovanesyan was credible, the record does not
support the agency’s determination that his asylum application was untimely. See
Khunaverdiants v. Mukasey, 548 F.3d 760, 766-67 (9th Cir. 2008) (agency erred in
finding application untimely where IJ credited petitioner’s testimony about
experiences in home country that occurred less than one year before he filed his
asylum application).
In denying Ovanesyan’s asylum and withholding of removal claims, the
agency found Ovanesyan failed to establish a nexus to a protected ground. When
the IJ and BIA issued their decisions in this case they did not have the benefit of
this court’s decisions in Henriquez-Rivas v. Holder, 707 F.3d 1081 (9th Cir. 2013)
(en banc), Cordoba v. Holder, 726 F.3d 1106 (9th Cir. 2013), and Pirir-Boc v.
Holder, 750 F.3d 1077 (9th Cir. 2014), or the BIA’s decisions in Matter of
M-E-V-G-, 26 I. & N. Dec. 227 (BIA 2014), and Matter of W-G-R-, 26 I. & N.
Dec. 208 (BIA 2014). Thus, we remand Ovanesyan’s asylum and withholding of
removal claims to determine the impact, if any, of these decisions. See INS v.
Ventura, 537 U.S. 12, 16-18 (2002) (per curiam). In light of this remand, we do
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not reach Ovanesyan’s remaining challenges to the agency’s denial of his asylum
and withholding of removal claims at this time.
PETITION FOR REVIEW GRANTED; REMANDED.
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