Rai

Kulyakina v. Holder

Good Law
361 F. App'x 715
United States Court of Appeals for the Ninth CircuitDecember 29, 200906-73875California247 words

Opinion

Opinion

MEMORANDUM

Kseniya Kulyakina, a native and citizen of Russia, petitions pro se for review of the Board of Immigration Appeals’ order dismissing her appeal from an immigration

judge’s (“IJ”) 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, Singh v. Ashcroft, 367 F.3d 1139, 1143 (9th Cir.2004), and we deny the petition for review.

Substantial evidence supports the adverse credibility determination based on the IJ’s demeanor finding, see Singh-Kaur v. INS, 183 F.3d 1147, 1151 (9th Cir.1999) (special deference given to demeanor findings based on non-verbal communication) and Kulyakina’s misrepresentation concerning her home address for purposes of her asylum application, see Kaur v. Gonzales, 418 F.3d 1061, 1066-67 (9th Cir.2005) (lying on an asylum application is an “indication of dishonesty”). In the absence of credible testimony, Kulyakina failed to establish eligibility for asylum or withholding of removal. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.2003).

Because Kulyakina’s CAT claim is based on the same…

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