Hmayak Grishchyan v. Loretta E. Lynch

MEMORANDUM

Hmayak Grishchyan (Grishchyan), a native and citizen of Armenia, petitions for review of the decision of the Board of Immigration Appeals (BIA) affirming the ruling of an immigration judge (IJ) denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). He also seeks review of. the BIA’s denial of his untimely motion to reopen.

1. While exhaustion of administrative remedies is a prerequisite to judicial review, see 8 U.S.C. § 1252 (d)(1), we may cqnsider Grishehyan’s petition because the BIA addressed the IJ’s adverse credibility determination on the merits. See Cervantes v. Holder, 772 F.3d 583, 590 (9th Cir.2014).

2. Substantial evidence supports the IJ’s adverse credibility determination. See He v. Holder, 749 F.3d 792, 795 (9th Cir.2014). For example, Grishchyan’s declaration states that he was assigned to the security team of Karen Demirchyan (Demirchyan), an Armenian presidential candidate, “[t]hrough the army service.” On cross-examination, Grishchyan first testified that he was a bodyguard for Demirehyan before he served in the military,-and then testified that he was assigned to Demirchyan’s security…