Tornik Hovsepyan v. Loretta E. Lynch

MEMORANDUM

The 90-day stay of proceedings in this case expired on May 12, 2015. Thus, respondent’s motion to lift the stay is denied as moot.

Tornik Hovsepyan, a native and citizen of Armenia, petitions for review of the Board of Immigration Appeals’ (“BIA”) 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. Li v. Ashcroft, 378 F.3d 959, 962 (9th Cir.2004). We deny the petition for review.

Substantial evidence supports the BIA’s adverse credibility determination based on Hovsepyan’s omission from his declaration of a significant incident of persecution by his superiors in the military police in Armenia, as well as his failure to testify about another situation that was described in his declaration. See id. at 962 (adverse credibility finding supported by key omissions that go to the heart of the claim); see also Zamanov v. Holder, 649 F.3d 969, 974 (9th Cir.2011) (“Material alterations in the applicant’s account of persecution are…