Aivazova

Aivazova v. Holder

Good Law
360 F. App'x 872
United States Court of Appeals for the Ninth CircuitDecember 29, 200904-71791California337 words

Opinion

Opinion

MEMORANDUM

Karine M. Aivazova petitions for review of the Board of Immigration Appeals’ (BIA) decision affirming the Immigration Judge’s (IJ) order denying her application for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). We deny her petition for review.

Where, as here, “the BIA adopts the decision of the IJ, we review the IJ’s decision as if it were that of the BIA.” Abebe v. Gonzales, 432 F.3d 1037, 1039 (9th Cir.2005) (internal quotations omitted). “We review the IJ’s findings of fact for substantial evidence and will uphold these findings if they are supported by ‘reasonable, substantial, and probative evidence on the record considered as a whole.’ ” Id. at 1039-40 . A petitioner contending that the IJ’s findings are erroneous must establish that the evidence compels reversal. See Singh v. INS, 134 F.3d 962, 966 (9th Cir.1998).

There is a question whether the IJ’s adverse credibility determination is supported by substantial evidence, but even giving credit to Aivazova’s testimony, the record does not compel a finding of past persecution. See Gu v. Gonzales, 454 F.3d 1014, 1019-21 (9th Cir.2006). Aivazova testified that the police…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.