Yang

Pachaian v. Holder

Good Law
352 F. App'x 220
United States Court of Appeals for the Ninth CircuitDecember 1, 200906-70104California261 words

Opinion

Opinion

MEMORANDUM

Rafik Valodovich Pachaian, a native of Armenia and citizen of Russia, petitions for review of the Board of Immigration Appeals’ order affirming 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 de novo due process claims, Rivera v. Mukasey, 508 F.3d 1271, 1274-75 (9th Cir.2007), and review for substantial evidence factual findings, Don v. Gonzales, 476 F.3d 738, 741 (9th Cir.2007). We deny the petition for review.

The record does not compel reversal of the agency’s adverse credibility determination because Pachaian’s inconsistent explanations about his reasons for leaving Russia and coming to the United States deprive his claim of the requisite “ring of truth.” Kaur v. Gonzales, 418 F.3d 1061 , 1067 (9th Cir.2005). In the absence of credible testimony, Pachaian failed to demonstrate eligibility for asylum or withholding of removal. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.2003).

Because Pachaian’s CAT claim is based on the same evidence the agency found not credible, and he points to no further…

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