Martirosyan v. Ashcroft
Martirosyan v. Ashcroft
Opinion of the Court
MEMORANDUM
Lead petitioner Haykanush Martirosyan and her husband and son, natives and citizens of Armenia, petition pro se for review of the Board of Immigration Appeals’ (“BIA”) decision, which summarily affirmed the immigration judge’s (“IJ”) denial of their application for asylum, withholding of removal, voluntary departure and Convention Against Torture (“CAT”) relief. We have jurisdiction under 8 U.S.C. § 1252. As this is a streamlined case, we review the decision of the IJ. 8 C.F.R. § 1003.1(a)(7). We review an adverse credibility finding for substantial evidence and will uphold the IJ’s decision unless the evidence compels a contrary conclusion. See Malhi v. INS, 336 F.3d 989, 992-93 (9th Cir. 2003). We deny the petition for review.
Because petitioners failed to establish eligibility for asylum, they necessarily failed to meet the more stringent standard for withholding of removal. See Fisher v. INS, 79 F.3d 955, 960-61 (9th Cir. 1996) (en banc). Likewise, petitioners have failed to meet the higher standard for CAT relief. See Kamalthas v. INS, 251 F.3d 1279, 1284 (9th Cir. 2001) (quoting 8 C.F.R. § 208.16(c)(2)).
This court lacks jurisdiction to review the denial of a request for voluntary departure. 8 U.S.C. § 1229c(f); Hernandez-Mezquita v. Ashcroft, 293 F.3d 1161, 1165 (9th Cir. 2002).
PETITION FOR REVIEW DENIED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.