U.S. Court of Appeals for the Ninth Circuit, 2010

Amiragian v. Holder

Amiragian v. Holder
U.S. Court of Appeals for the Ninth Circuit · Decided September 22, 2010 · Silverman, Callahan, Smith
396 F. App'x 384

Amiragian v. Holder

Opinion

MEMORANDUM **

Jenia Amiragian, a native and citizen of Armenia, petitions for review of a Board of Immigration Appeals’ order dismissing her appeal from an immigration judge’s (“IJ”) decision denying her application for asylum and withholding of removal. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for substantial evidence factual findings. Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003). We deny the petition for review.

Amiragian does not challenge the IJ’s dispositive finding that her application for asylum was untimely. Accordingly, her asylum claim fails.

Substantial evidence supports the IJ’s adverse credibility determination based upon, inter alia, inconsistencies regarding the harm the police inflicted on her, see Chebchoub v. INS, 257 F.3d 1038, 1043 (9th Cir. 2001), and her submission of a fraudulent medical document, see Desta v. Ashcroft, 365 F.3d 741, 745 (9th Cir. 2004) (adverse credibility determination supported where petitioner submitted fraudulent documents that went to the heart of the claim and there were material inconsistencies in petitioner’s testimony). In the absence of credible testimony, Amiragian’s withholding of removal claim fails. See Farah, 348 F.3d at 1156.

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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