Mkrtchian

Mkrtchian v. Holder

Good Law
373 F. App'x 768
United States Court of Appeals for the Ninth CircuitApril 8, 201005-76691California358 words

Opinion

Opinion

MEMORANDUM

Arthur Mkrtchian petitions this court for review of the BIA’s affirmance of the IJ’s denials of Mkrtchian’s applications for asylum, withholding of removal, and relief under the Convention Against Torture. The IJ made an adverse credibility determination which the BIA affirmed. Mkrtchian argues that substantial evidence does not support the credibility determination. We have jurisdiction pursuant to 8 U.S.C. § 1252 , and we deny the petition.

We review the IJ’s decision as if it were the BIA’s when the BIA adopts and affirms the IJ’s decision by citing Matter of Burbano, 20 I. & N. Dec. 872 (B.I.A.1994), as it did here. Moreno-Morante v. Gonzales, 490 F.3d 1172, 1174 (9th Cir.2007). An adverse credibility determination will stand unless “any reasonable adjudicator would be compelled to conclude to the contrary.” Malkandi v. Holder, 576 F.3d 906, 908 (9th Cir.2009) (internal quotation marks omitted).

The IJ found Mkrtehian not credible because, among other things, one of the principal instances of alleged persecution to which he testified was omitted entirely from prior testimony he provided at his mother’s immigration hearing. The episode was a forcible entry and…

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