Grachik Rostomian Anik Rostomian,petitioners v. Immigration and Naturalization Service

210 F.3d 1088, 2000 Daily Journal DAR 4681, 2000 Cal. Daily Op. Serv. 3457, 2000 U.S. App. LEXIS 8644, 2000 WL 526975

• Court: Court of Appeals for the Ninth Circuit
• Decided: May 3, 2000
• Docket: 98-70564
• Status: Published

Opinions

Opinion by Judge SCHWARZER; Dissent by Judge REINHARDT

SCHWARZER, Senior District Judge:

Husband and wife Grachik and Anik Rostomian, eighty and seventy-seven years old, respectively, are natives and citizens of Armenia. They seek review of an order of the Board of Immigration Appeals (Board) dismissing their appeal from the immigration judge’s order denying their petition for asylum and withholding of deportation. They claim past persecution and a well-founded fear of persecution on account of them ethnicity and Christian beliefs, arising from hostilities on the border between Armenia and Azerbaijan in the Nagorno-Karabakh region.¹

To establish eligibility for asylum, the Rostomians must prove “persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.” 8 U.S.C. § 1101(a)(42)(A); Cordon-Garcia v. INS, 204 F.3d 985, 990 (9th Cir.2000). The Board concluded that the Rostomians failed to establish eligibility for asylum. We review the Board’s decision under the deferential “substantial evidence” standard. See Singh v. INS, 134 F.3d 962, 966 (9th Cir.1998). Under that standard, the Rostomians’ petition must be denied unless the evidence they presented “was so compelling that no reasonable factfinder could fail to find the requisite fear of persecution.” Abedini v. INS, 971 F.2d 188, 191 (9th Cir.1992).

Mr. Rostomian testified that he sustained knife wounds during an Azeri attack on the Armenian residents of the border town where the Rostomians lived. The Board found that the Rostomians did not establish that the attack was anything more than an act of random violence during a period of significant strife. This is insufficient to establish persecution. See Singh, 134 F.3d at 967. The Board’s finding is supported by substantial evidence. Thus, the Rostomians’ claim that they are entitled to a presumption of a well-founded fear of persecution based on past persecution fails.

On the merits, the Rostomians’ claim of a well-founded fear of persecution fails for the same reason. They argue only that “old animosities between Azeris and Armenians still exist.” This is insufficient to establish a well-founded fear of persecution. See id.

The Board’s finding that the Rostomians did not establish eligibility for asylum is supported by substantial evidence. Because they fail to meet the lesser standard for eligibility for asylum, the Rostomians necessarily fail to establish eligibility for withholding of deportation. See Fisher v. INS, 79 F.3d 955, 961 (9th Cir.1996) (en banc).

PETITION DENIED.

1 . Unlike petitioner in Colmenar v. INS, 210 F.3d 967 (9th Cir.2000), petitioners raise no due process claims and do not contend that they were denied a full and fair hearing. Our independent examination of the record confirms that they were not.