Senik Sargsyan v. Eric H. Holder Jr.

MEMORANDUM

Senik Sargsyan, a native and citizen of Armenia, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his 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 the agency’s factual findings, applying the standards governing adverse credibility determinations created by the REAL ID Act, Shrestha v. Holder, 590 F.3d 1034, 1039 (9th Cir.2010), and we deny the petition for review.

The agency found Sargsyan not credible for several reasons, including inconsistent testimony regarding whether the military prosecutors pointed a gun at his head during his interview, inconsistent testimony regarding whether the police were prosecuting or covering up the murder, and an omission from Sargsyan’s statement to the asylum officer of his kidnaping and beating at the construction site. The agency rejected Sargsyan’s explanations for these inconsistencies and omission. Substantial evidence supports the agency’s adverse credibility determination. See id. at 1040-44 (adverse…