Yesaian v. Holder
Yesaian v. Holder
Opinion of the Court
MEMORANDUM
Sarkis Yesaian, a native and citizen of Iran, petitions for review of a decision by the Board of Immigration Appeals affirming an immigration judge’s denial of his applications for asylum, withholding of removal, and relief under the Convention Against Torture.
We must sustain the IJ’s adverse credibility determination for two reasons. First, one of the grounds the IJ offered in support of the credibility finding did not depend on the transcript from the first merits hearing, that is, the transcript on which Yesaian contends the IJ should not have relied. Rather, in this instance, the IJ pointed to a significant discrepancy between Yesaian’s asylum application and his testimony at the second merits hearing, regarding whether he was arrested and taken to the Commiteh after “religious people” attacked him and his wife at home in October 1997. Failing to remember whether one was arrested after such an incident surely “bear[s] a legitimate nexus to the determination that the petitioner did not meet his burden of establishing eligibility for asylum.” Mendoza Manimbao v. Ashcroft, 329 F.3d 655, 660 (9th Cir. 2003).
Second, the record does not compel us to conclude that the transcript of the first merits hearing could not properly be relied
For the foregoing reasons, substantial evidence supports the IJ’s denial of asylum, withholding of removal, and CAT relief to Yesaian. On the same grounds, we also conclude that Yesaiaris due process rights were not violated during his immigration proceedings.
PETITION DENIED.
This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.
. United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment art. 3, opened for signature Dec. 10, 1984, 1465 U.N.T.S. 85.
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