Gukasyan v. Holder
Gukasyan v. Holder
Opinion of the Court
MEMORANDUM
Arthush Gukasyan, a native of Iran and citizen of Armenia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order summarily affirming an immigration judge’s (“IJ”) decision finding that he knowingly participated in alien smuggling, in violation of 8 U.S.C. § 1182(a)(6)(E)®, and denying his applications for asylum, withholding of removal and relief under the Convention Against Torture. We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence, Urzua Covarrubias v. Gonzales, 487 F.3d 742, 744 (9th Cir. 2007) (inadmissibility); Nakamoto v. Ashcroft, 363 F.3d 874, 881-82 (9th Cir. 2004) (asylum), and we deny in part and dismiss in part the petition for review.
Gukasyan also challenges that IJ’s denial of his application for asylum on the ground that the IJ’s well-founded fear analysis was insufficiently individualized. We lack jurisdiction to consider this contention because he failed to raise it before the BIA. See Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir. 2004).
In light of the IJ’s determination that Gukasyan failed to show eligibility for asylum, he necessarily failed to meet the more stringent requirements for withholding of removal. See Farah v. Ashcroft, 348 F.3d 1153, 1156-57 (9th Cir. 2003).
Gukasyan’s contention that the BIA erred by not explicitly addressing his CAT claim is unavailing. See 8 C.F.R. § 1003.1(e)(4)® (governing the BIA’s streamlining authority); see also Garcia-Martinez v. Ashcroft, 371 F.3d 1066, 1078-79 (9th Cir. 2004).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.