Ashot Ghazaryan 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NOT FOR PUBLICATION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
ASHOT GHAZARYAN,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 07-72703
Agency No. A095-297-253
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 13, 2010**
Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges.
Ashot Ghazaryan, a native of Armenia and citizen of Argentina, petitions
pro se for review of the Board of Immigration Appeals’ order summarily affirming
an immigration judge’s (“IJ”) decision denying his application for asylum,
withholding of removal, and relief under the Convention Against Torture (“CAT”).
FILED
SEP 28 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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07-72703 2
We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence,
Ornelas-Chavez v. Gonzales, 458 F.3d 1052, 1055-56 (9th Cir. 2006), and we deny
the petition for review.
Substantial evidence supports the IJ’s finding that Ghazaryan did not
establish past persecution or a well-founded fear of future persecution, because he
failed to demonstrate the government was unwilling or unable to control the men
who beat and threatened him. See Nahrvani v. Gonzales, 399 F.3d 1148, 1154 (9th
Cir. 2005). Accordingly, Ghazaryan’s asylum claim fails.
Because Ghazaryan did not establish eligibility for asylum, it follows that he
did not satisfy the more stringent standard for withholding of removal. See
Zehatye v. Gonzales, 453 F.3d 1182, 1190 (9th Cir. 2006).
Substantial evidence supports the IJ’s denial of Ghazaryan’s CAT claim
because he failed to demonstrate it is more likely than not he will be tortured if
returned to Argentina. See Arteaga v. Mukasey, 511 F.3d 940, 948-49 (9th Cir.
2007).
PETITION FOR REVIEW DENIED.

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