Karagaryan v. Holder

FILED
NOT FOR PUBLICATION JUL 29 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
GEVORG KARAGARYAN, No. 07-74442
Petitioner, Agency No. A096-056-990
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted July 19, 2010 **
Before: B. FLETCHER, REINHARDT, and WARDLAW, Circuit Judges.
Gevorg Karagaryan, a native of the former Soviet Union and citizen of
Armenia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order
dismissing his appeal from an immigration judge’s decision denying his
application for asylum, withholding of removal, and protection under the
*
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). Accordingly, Karagaryan’s
request for oral argument is denied.
Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C.
§ 1252. We review for substantial evidence, INS v. Elias-Zacarias, 502 U.S. 478,
481 n.1 (1992), and we grant in part and deny in part the petition for review, and
remand.
Karagaryan witnessed harm to his father when he was a small child.
Because the IJ did not have, and the BIA may not have had, the benefit of our
decision in Hernandez-Ortiz v. Gonzales in analyzing Karagaryan’s asylum and
withholding of removal claims, we grant the petition and remand for further
proceedings as to those claims. See Hernandez-Ortiz v. Gonzales, 496 F.3d 1042,
1046 (9th Cir. 2007) (agency erred by failing to look at events forming the basis of
past persecution from child’s perspective and measure the degree of injury by the
impact on children of that age); see also INS v. Ventura, 537 U.S. 12, 16-18 (2002)
(per curiam).
Substantial evidence supports the BIA’s denial of CAT relief because
Karagaryan failed to establish it is more likely than not he will be tortured in
Armenia. See Wakkary v. Holder, 558 F.3d 1049, 1067-68 (9th Cir. 2009).
Each party shall bear its own costs for this petition for review.
PETITION FOR REVIEW GRANTED in part; DENIED in part;
REMANDED.
2 07-74442