Davtian v. Gonzales
Opinion of the Court
MEMORANDUM
Anahit Davtian, a native and citizen of Armenia, petitions for review of an order of the Board of Immigration Appeals summarily affirming an immigration judge’s (“IJ”) order denying her applications for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252. Reviewing for substantial evidence, see INS v. Elias-Zacarias, 502 U.S. 478, 481, 112 S.Ct. 812, 117 L.Ed.2d 38 (1992), we deny the petition for review.
Davtian, whose mother is from Azerbaijan, testified that she feared returning to Armenia because of persecution of Armenians of Azerbaijani descent. Yet, she acknowledged that after she allegedly fled Yerevan, Armenia’s capital, in December 1991, she returned there for months-long visits on at least three occasions between 1992 and 1994, without incident.
In the absence of credible testimony, Davtian failed to establish eligibility for asylum, withholding of removal, or relief under the CAT. See Farah v. Ashcroft, 348 F.3d 1153,1156 (9th Cir. 2003).
PETITION FOR REVIEW DENIED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
. Davtian came to the United States in September 1995. On her asylum application, she listed Yerevan as her last address prior to her arrival.
. Contrary to Davtian’s contention, the IJ expressly found her ineligible for asylum “because of her lack of credibility.”
Reference
- Full Case Name
- Anahit DAVTIAN v. Alberto R. GONZALES, Attorney General
- Status
- Published