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

Iskenderian v. Holder

Iskenderian v. Holder
U.S. Court of Appeals for the Ninth Circuit · Decided January 20, 2010 · Beezer, Trott, Bybee
362 F. App'x 785

Iskenderian v. Holder

Opinion

MEMORANDUM **

Rita Iskenderian and her husband and daughter, all natives and citizens of Armenia, petition for review of the Board of Immigration Appeals’ order dismissing their appeal from an immigration judge’s decision denying them application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence, Li v. Ashcroft, 378 F.3d 959, 962 (9th Cir. 2004), and we deny the petition for review.

Substantial evidence supports the agency’s adverse credibility determination because Iskenderian’s testimony was inconsistent with her asylum application and her asylum interview statements regarding whether Armenian police raped her during an arrest in March 1998, see id. at 962-63, 964 (adverse credibility determination is supported where at least one of the identified grounds is supported by substantial evidence and goes to the heart of the claim), and her explanation does not compel a contrary conclusion, see Lata v. INS, 204 F.3d 1241, 1245 (9th Cir. 2000). In the absence of credible testimony, Iskenderian’s asylum and withholding of removal claims fail. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003).

Because Iskenderian’s CAT claim is based on testimony the IJ found not credible, and there is no evidence in the record that compels a finding that it is more likely than not she would be tortured if returned to Armenia, her CAT claim fails. See id. at 1156-57.

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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