U.S. Court of Appeals for the Ninth Circuit, 2007

Mirzakhanyan v. Gonzales

Mirzakhanyan v. Gonzales
U.S. Court of Appeals for the Ninth Circuit · Decided August 20, 2007 · Kleinfeld, Silverman, Smith
235 F. App'x 583

Mirzakhanyan v. Gonzales

Opinion of the Court

MEMORANDUM **

Karapet Snbati Mirzakhanyan, a native and citizen of Armenia, petitions for review of the Board of Immigration Appeals’ (“BIA”) affirmance of an Immigration Judge’s (“IJ”) denial of his application for asylum, withholding of removal, and for relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence, Chebchoub v. INS, 257 F.3d 1038, 1042 (9th Cir. 2001), and we deny the petition.

Substantial evidence supports the IJ’s and BIA’s adverse credibility determinations based on an inconsistency between petitioner’s testimony and application regarding a detention and interrogation, and an implausibility regarding his forced recruitment and deserter status. See id. at 1043-45.

Because petitioner fails to demonstrate that he is eligible for asylum, it follows that he did not satisfy the more stringent standard for withholding of removal. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003).

Substantial evidence also supports the denial of relief under CAT. See id. at 1157.

PETITION FOR REVIEW DENIED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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