Zhaneta Ivanova v. Eric H. Holder Jr.

MEMORANDUM

Zhaneta Nedialkova Ivanova and her family, natives and citizens of Bulgaria, petition for review of the Board of Immigration Appeals’ order dismissing their appeal from an immigration judge’s decision denying their application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, Kin v. Holder, 595 F.3d 1050, 1054 (9th Cir.2010), and we deny the petition for review.

Substantial evidence supports the agency’s adverse credibility determination because the discrepancies between petitioners’ testimony, a medical document, and a witness’ testimony regarding Aleksandar Petkov Ivanova’s fractured pelvis go to the heart of petitioners’ claim, see id. at 1058 , and petitioners’ explanation does not compel a contrary conclusion, see Rivera v. Mukasey, 508 F.3d 1271, 1275 (9th Cir.2007). Accordingly, in the absence of credible testimony, petitioners’ asylum and withholding of removal claims fail. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.2003).

Further, because petitioners’ CAT claim is based on the same statements found to be not credible, and…