The Ninth Circuit Court of Appeals has ruled against Vazgen Zohrabyan, an Armenian national, in his bid to avoid removal from the United States. The court upheld the Board of Immigration Appeals' (BIA) decision, which dismissed Zohrabyan's appeal of an Immigration Judge's (IJ) ruling that denied his application for deferral of removal under the Convention Against Torture (CAT). This ruling affects Zohrabyan's ability to remain in the U.S. and highlights the challenges many face in immigration proceedings.
Zohrabyan's case began when he sought asylum, claiming he faced persecution due to his whistleblower activities against the Armenian government. His application was initially denied, and the BIA affirmed that decision. The Ninth Circuit's ruling on October 23, 2026, emphasizes the stringent requirements for obtaining relief under CAT, which mandates that an applicant must show a likelihood of torture upon return to their home country.
Background
Vazgen Zohrabyan is a native and citizen of Armenia. His legal troubles began when he sought asylum in the United States, citing fears of persecution from the Armenian government due to his whistleblower activities in 2002. After his initial asylum application was denied, Zohrabyan continued to pursue legal avenues, leading to his appeal to the BIA.
The BIA dismissed his appeal, and Zohrabyan subsequently sought deferral of removal under CAT. This legal path brought his case to the Ninth Circuit, where he aimed to challenge the BIA's decision. The court's review focused on whether substantial evidence supported the BIA's findings regarding Zohrabyan's credibility and the risk of torture he faced if returned to Armenia.
The Ruling
The Ninth Circuit ruled against Zohrabyan, affirming the BIA's decision. The court stated, “Substantial evidence supports the Agency’s denial of CAT relief.” The judges reviewed both the IJ's and BIA's decisions, noting that Zohrabyan failed to demonstrate a credible threat of torture. The court emphasized that to qualify for CAT relief, Zohrabyan needed to show that it was more likely than not that he would be tortured upon removal to Armenia.
The court found that Zohrabyan's credibility was undermined by his failure to disclose significant events, such as his father's beating and death, during earlier hearings. The court noted, “Omissions that strengthen a claim, revealed after an applicant is unsuccessful before the agency, are probative of credibility.” This finding played a crucial role in the court's decision to deny his petition.
Impact
This ruling has significant implications for Zohrabyan and others in similar situations. It underscores the high burden of proof required to secure deferral of removal under CAT. Applicants must provide credible evidence of a specific threat of torture, which can be challenging to establish, particularly if there are inconsistencies in their testimony.
The decision also serves as a reminder of the complexities involved in immigration law and the rigorous scrutiny that applicants face. The ruling may influence future cases where individuals seek protection under CAT, as it reinforces the necessity of consistent and credible testimony throughout the immigration process.
What's Next
Zohrabyan's options appear limited following this ruling. While he could potentially seek further legal recourse, the likelihood of a successful appeal is uncertain. There are no indications of related cases pending that could affect his situation. The court's decision stands, and it remains to be seen what steps Zohrabyan will take next in his fight against removal.