The Ninth Circuit Court of Appeals has ruled against an Armenian family seeking asylum in the United States. The court denied the petition from Artashes Khachaturyan, his wife Arianna, and their children, who argued they faced persecution in both Armenia and Russia. The ruling is significant as it underscores the challenges many immigrants face when seeking asylum based on fears of persecution.

The Khachaturyan family, which includes children who are citizens of both Armenia and Russia, petitioned for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). The case (docket number 25-4254) was filed on October 26, 2026, and the court's decision has implications for many families in similar situations.

Background

Artashes Khachaturyan, the lead petitioner, is a native of Armenia and a citizen of Russia. He and his family sought protection from both countries due to alleged past persecutions. The family claims that Khachaturyan faced assaults due to his Armenian ethnicity while living in Russia. They also assert that he was arrested and beaten during political protests in Armenia.

The family's journey to the Ninth Circuit began after an Immigration Judge (IJ) denied their applications for asylum and other protections. The Board of Immigration Appeals (BIA) affirmed this decision, prompting the family to appeal to the Ninth Circuit. The court's jurisdiction in this case derives from 8 U.S.C. § 1252, which allows for judicial review of BIA decisions.

The Ruling

The Ninth Circuit ruled to deny the Khachaturyan family's petition for asylum. The judges determined that the evidence presented did not compel a conclusion that Mr. Khachaturyan faced past persecution or had a reasonable fear of future persecution. The court stated, "the record of extensive 'back and forth' travel over a period of years between the two countries in which Petitioners allege persecution... we cannot say that the record compels the conclusion that Petitioners offered sufficiently credible evidence that they suffered past persecution or have an objectively reasonable fear of future persecution in these countries."

The court noted that Mr. Khachaturyan had moved to Russia in 2003, obtained citizenship in 2014, and renounced his Armenian citizenship in 2017. His history of returning to his home country was a significant factor in the court's decision. The judges referenced past cases, stating, "an alien's history of willingly returning to his or her home country militates against a finding of past persecution or a well-founded fear of future persecution."

Impact

This ruling has important implications for asylum seekers, particularly those from Armenia and Russia. The court's decision highlights the high burden of proof required for individuals seeking asylum based on claims of persecution. It indicates that a history of returning to one's home country can undermine claims of fear for personal safety.

The ruling may also set a precedent for future cases involving asylum seekers from similar backgrounds. It emphasizes the need for credible evidence of past persecution or a well-founded fear of future persecution to succeed in asylum applications. This case could influence how courts assess the credibility of asylum claims, particularly when petitioners have traveled back to their home countries without incident.

What's Next

The Khachaturyan family has the option to appeal this decision, although details about any potential next steps were not included in the court filing. There may also be related cases pending that could further clarify the legal standards for asylum claims.