Mamikonyan

MEMORANDUM **

Nune Mamikonyan, a native and citizen of Armenia, petitions for review of the Board of Immigration Appeals’ denial of her application for asylum, 1 withholding of removal, 2 and Convention Against Torture 3 (CAT) relief. 4 We grant the petition in part and dismiss it in part.

The BIA’s determination that an alien is not eligible for asylum must be upheld if “ ‘supported by reasonable, substantial, and probative evidence on the record considered as a whole.’ ” INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812, 815 , 117 L.Ed.2d 38 (1992). “It can be reversed only if the evidence presented ... was such that a reasonable factfinder would have to conclude that the requisite fear of persecution existed.” Id.; see also Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.2003). When an alien seeks to overturn the BIA’s adverse determination, “he must show that the evidence he presented was so compelling that no reasonable fact-finder could fail to find the requisite fear of persecution.” Elias-Zacarias, 502 U.S. at 483-84 , 112 S.Ct. at 817 . The same standard applies to credibility determinations. See Lanza v. Ashcroft, 389 F.3d 917, 933 (9th Cir.2004); Alvarez-Santos…

dissenting:

In my view, the omissions in Mamiko-nyan’s mother’s letter, the admission of which Mamikonyan did not object to, together with her brother’s lack of knowledge that she was a Jehovah’s Witness in Armenia and her failure to call her mother or her son, who was present in court, to testify were sufficient to support the lack of credibility determination. Thus, I respectfully dissent, except as to footnote 6.

FILED

NOT FOR PUBLICATION APR 09 2010

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U.S . CO UR T OF AP PE A LS

FOR THE NINTH CIRCUIT

NUNE MAMIKONYAN; ) No. 05-76689

DAVIT KIRAKOSYAN, )

) Agency Nos. A075-686-638 Petitioners, ) A075-686-639 ) v. ) MEMORANDUM * ) ERIC H. HOLDER, Jr., Attorney ) General, ) ) Respondent. ) )

Petition to Review an Order of the Board of Immigration Appeals

Submitted April 5, 2010** Pasadena, California

Before: FERNANDEZ, SILVERMAN, and GRABER, Circuit Judges.

Nune Mamiµonyan, a native and citizen of Armenia, petitions for review of

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a)(2). the Board of Immigration Appeals' denial of her application for asylum,

withholding of removal,2 and Convention Against Torture3…