United States Ninth Circuit

In this case, petitioners seek asylum, withholding of removal, and protection under the United Nations Convention Against Torture or Punishment (CAT). The Armenian military police detained, beat, and threatened petitioner Hayk after he was seen talking to a reporter following a personal confrontation with the city's military police chief. Petition for review of the Board of Immigration Appeals' (BIA) denial of asylum and withholding of removal is granted in part as to the asylum and withholding claims, and denied in part as to the denial of petitioners' claims under the CAT, where: 1) the BIA failed to address evidence in the record that Hayk was persecuted on account of an imputed political opinion, that is, because military officials thought he was talking to the reporter in an attempt to expose government corruption, and that failure is an error of law; and 2) petitioners failed to show that Hayk's mistreatment at the hands of the military police rose to the level of torture within the meaning of the CAT.

Appellate Information

• Decided 02/27/2015
• Published 02/27/2015

Judges

• Graber

Court

• United States Ninth Circuit

Counsel