Antonyan v. Holder
2011 U.S. App. LEXIS 13256
9th Cir.2011Background
- Antonyan, an Armenian asylum petitioner, fears retaliation by a dangerous criminal with corrupt ties to high-level government officials if she prosecutes him.
- She overstayed a non-immigrant visa and sought asylum, withholding of removal, or CAT relief, with alternatives including voluntary departure.
- Her testimony in removal proceedings described beating, threats, and police/prosecutorial inaction as she pursued Andranik’s prosecution.
- Andranik’s influence with police, prosecutors, and national security officials allegedly protected him and impeded investigation and relief efforts.
- The BIA denied asylum and withholding due to lack of nexus; the IJ credibility was accepted; the Board found no government-connected nexus or likelihood of torture for CAT.
- The Ninth Circuit granted relief on asylum and withholding, remanded for CAT considerations, and awarded costs to Antonyan.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does whistleblowing on government corruption constitute political opinion for nexus | Antonyan’s acts targeted corrupt officials and sought to expose government ties. | Andranik’s actions were personal revenge, not connected to political opinion. | Yes; whistleblowing is political opinion and nexus is shown. |
| Were the harms motivated at least in part by a protected ground | Andranik acted due to Antonyan’s whistleblowing and exposure of corruption. | Motivation was purely personal revenge. | Yes; mixed motives established nexus with political opinion. |
| Whether the Board adequately addressed CAT and whether remand is required | CAT claim was raised and merits review. | Record shows no likelihood of torture; CAT denial stands. | Remand for CAT considerations; not remanded for CAT at this stage; BIA adequate on record. |
Key Cases Cited
- Grava v. INS, 205 F.3d 1177 (9th Cir. 2000) (nexus when corruption is intertwined with government operation)
- Mamouzian v. Ashcroft, 390 F.3d 1129 (9th Cir. 2004) (establishing nexus where harms connect to government corruption)
- Zhu v. Mukasey, 537 F.3d 1034 (9th Cir. 2008) (political dissent can arise from whistleblowing against government entities)
- Sagaydak v. Gonzales, 405 F.3d 1035 (9th Cir. 2005) (victim targeted for exposing government corruption is persecuted on account of political opinion)
- Njuguna v. Ashcroft, 374 F.3d 765 (9th Cir. 2004) (mixed motives do not defeat political-opinion nexus)
- Fedunyak v. Gonzales, 477 F.3d 1126 (9th Cir. 2007) (nexus where persecution motivated by both personal greed and political grievances)
- Zetino v. Holder, 622 F.3d 1007 (9th Cir. 2010) (post-REAL ID Act nexus standards for protected grounds)