Galustian

Galustian v. Holder

Good Law
361 F. App'x 738
United States Court of Appeals for the Ninth CircuitDecember 28, 200907-70613California236 words

Opinion

Opinion

MEMORANDUM

Anaida Galustian, a native of the former Soviet Union and a citizen of Georgia, petitions for review of the Board of Immigration Appeals’ order dismissing her appeal from an immigration judge’s decision denying her 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, Wang v. INS, 352 F.3d 1250, 1253 (9th Cir.2003), and we deny the petition for review.

The forensic expert’s testimony and report provide substantial evidence to support the agency’s finding that Galustian submitted a false driver’s license. See Desta v. Ashcroft, 365 F.3d 741, 745 (9th Cir.2004). Because the genuineness of this identity document went to the heart of Galustian’s asylum claim, substantial evidence supports the agency’s adverse credibility determination. See id.; see also Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.2003) (characterizing identity as a key element of an asylum claim). In the absence of credible evidence, Galustian failed to demonstrate eligibility for asylum or withholding of removal. See Farah, 348 F.3d at 1156 .

Galustian has failed to…

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