Parada

Parada v. Holder

Good Law
362 F. App'x 772
United States Court of Appeals for the Ninth CircuitJanuary 20, 201006-74608California379 words

Opinion

Opinion

MEMORANDUM

Marina Parada and her former husband Stanislav Nakhoda, both natives and citizens of Russia, petition for review of the Board of Immigration Appeals’ 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”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence adverse credibility determinations, Yeimane-Berhe v. Ashcroft, 393 F.3d 907, 910 (9th Cir.2004), and we review de novo claims of due process violations, Cinapian v. Holder, 567 F.3d 1067, 1073 (9th Cir.2009). We deny the petition for review.

Substantial evidence supports the agency’s adverse credibility determination based upon petitioners’ submission of fraudulent birth certificates and fraudulent certification of their documentary evidence. See Desta v. Ashcroft, 365 F.3d 741, 745 (9th Cir.2004). Absent credible testimony, petitioners’ asylum and withholding of removal claims fail. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.2003).

Because petitioners’ CAT claim is based on the same testimony the agency found not credible, and there is no…

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.