580 F. App'x 588
9th Cir.2014Background
- Stepanyan, an Armenian citizen, applied for asylum, withholding of removal, and CAT before the BIA, petitioning for review under 8 U.S.C. §1252.
- The BIA denied asylum, withholding, and CAT after reviewing the IJ's credibility finding and its own factual determinations.
- The BIA reversed the IJ on credibility, finding past persecution based on imputed political opinion and a presumption of future persecution.
- The BIA held that the presumption was rebutted by a fundamental change in circumstances, including Stepanyan’s personal changes and husband’s absence from Armenia.
- The change in circumstances relied on evidence beyond Armenia’s country conditions, citing 8 C.F.R. § 1208.13(b)(1)(i)(A) as amended in 2000.
- Stepanyan challenged the use of personal changes, and the court upheld the BIA’s interpretation; humanitarian asylum claim was not exhausted; CAT claim denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether BIA properly rebutted the presumption of well-founded fear. | Stepanyan argues changes in Armenia conditional to fear not needed. | BIA reasoned fundamental changes including personal circumstances suffice. | Yes; BIA properly rebutted the presumption. |
| Whether changes in personal circumstances can rebut the presumption. | Personal changes cannot be considered; only country conditions matter. | Regulation permits fundamental changes in circumstances to rebut the presumption. | Yes; personal changes may rebut the presumption. |
| Whether Stepanyan exhausted humanitarian asylum claim for remand consideration. | Requests remand for humanitarian asylum. | Exhaustion lacking; no jurisdiction to consider humanitarian asylum claim. | Denied; lack of exhaustion bars remand. |
| Whether Stepanyan proved a CAT claim separate from withholding of removal. | CAT merits separate consideration and show likelihood of torture. | Record does not show more likely than not torture upon return. | Denied; substantial evidence supports no CAT protection. |
Key Cases Cited
- Garcia-Quintero v. Gonzales, 455 F.3d 1006 (9th Cir. 2006) (fundamental changes in circumstances can include personal changes)
- Qu v. Gonzales, 399 F.3d 1195 (9th Cir. 2005) (precedes broad interpretation of changes in circumstances)
- Gu v. Gonzales, 454 F.3d 1014 (9th Cir. 2006) (substantial evidence standard for asylum denial)
- Lanza v. Ashcroft, 389 F.3d 917 (9th Cir. 2004) (substantial evidence standard for withholding and CAT)
- Barron v. Ashcroft, 358 F.3d 674 (9th Cir. 2004) (exhaustion requirement for humanitarian asylum consideration)