Poghosyan

Poghosyan v. Holder

Good Law
362 F. App'x 713
United States Court of Appeals for the Ninth CircuitJanuary 19, 201007-70877California376 words

Opinion

Opinion

MEMORANDUM

Aida Poghosyan, and her son, Andreas Andriasyan, both natives of Russia and citizens of Armenia, petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s (“IJ”) decision denying their application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence an adverse credibility finding. Rivera v. Mukasey, 508 F.3d 1271, 1274 (9th Cir.2007). We deny in part and dismiss in part the petition for review.

Substantial evidence supports the IJ’s adverse credibility determination because Poghosyan’s and Andriasyan’s false testimony to the asylum officer is material and goes to the heart of their claim. See Li v. Ashcroft, 378 F.3d 959, 962 (9th Cir.2004). Poghosyan and Andriasyan were given an opportunity to explain why they gave this false testimony, but the IJ ultimately found the explanations insufficient. See Rivera, 508 F.3d at 1275 (upholding negative credibility finding where petitioner tried to explain inconsistencies, but IJ ultimately found the explanations insufficient). In the…

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