Melnikova

Melnikova v. Holder

Good Law
372 F. App'x 704
United States Court of Appeals for the Ninth CircuitMarch 24, 201005-76741California430 words

Opinion

Opinion

MEMORANDUM

Irina Melnikova, a native and citizen of Uzbekistan, petitions for review of a final order of the Board of Immigration Appeals (BIA), affirming the immigration judge’s (IJ) denial of her application for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). Melnikova’s husband, Vyacheslav Tigay, is a derivative applicant whose petition depends on the merits of Melnikova’s petition. We have jurisdiction pursuant to 8 U.S.C. § 1252 (a)(1) and deny the petition for review.

“[Wjhere the IJ has reason to question the applicant’s credibility, and the applicant fails to produce non-duplicative, material, easily available corroborating evidence and provides no credible explanation for such failure, an adverse credibility finding will withstand appellate review.” Sidhu v. INS, 220 F.3d 1085, 1092 (9th Cir.2000).

The IJ had reason to question Melniko-va’s credibility. Melnikova’s asylum application indicated that she left Uzbekistan due to threats that she would be prosecuted unless she paid a fine. Similarly, a psychologist testified that Melnikova feared returning to Uzbekistan because she fled the country before paying a fine the Uzbek…

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