Sonya Khachikyan v. ERIC H. HOLDER, Jr., Attorney General

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
SONYA KHACHIKYAN,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 09-72559
Agency No. A095-198-894
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 24, 2013**
Before: RAWLINSON, N.R. SMITH, and CHRISTEN, Circuit Judges.
Sonya Khachikyan, a native of Iran and citizen of Armenia, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal
from an immigration judge’s decision denying her application for asylum,
withholding of removal, and relief under the Convention Against Torture (“CAT”).
FILED
SEP 30 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence
factual findings, Tekle v. Mukasey, 533 F.3d 1044, 1051 (9th Cir. 2008), and we
deny the petition for review.
Among other findings, the agency found Khachikyan not credible based on
the discrepancy between Khachikyan’s testimony and her declaration regarding
which encounter with the government officials resulted in her husband’s broken
leg. The record does not compel a contrary conclusion. See INS v. Elias-Zacarias,
502 U.S. 478, 481 n.1 (1992) (“To reverse the BIA finding we must find that the
evidence not only supports that conclusion, but compels it[.]) (emphasis in
original). In addition, substantial evidence supports the agency’s finding that the
background evidence failed to establish that Khachikyan has a well-founded fear of
persecution as a Jehovah’s Witness. See Wakkary v. Holder, 558 F.3d 1049, 1060-
62 (9th Cir. 2009) (describing the “general principles” guiding the analysis of
whether a group faces a pattern or practice of persecution); Nagoulko v. INS, 333
F.3d 1012, 1018 (9th Cir. 2003). Accordingly, Khachikyan’s asylum claim fails.
Because Khachikyan failed to meet the lower burden of proof for asylum, it
follows that she has not met the higher standard for withholding of removal. See
Zehatye v. Gonzales, 453 F.3d 1182, 1190 (9th Cir. 2006).

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09-72559 3
Finally, substantial evidence also supports the agency’s denial of CAT relief
because Khachikyan failed to establish that it is more likely than not she will be
tortured by or with the acquiescence of the government of Armenia. See Silaya v.
Mukasey, 524 F.3d 1066, 1073 (9th Cir. 2008).
PETITION FOR REVIEW DENIED.

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