Poghosyan

*669 MEMORANDUM ***

Zaruhi Poghosyan (“Poghosyan”) and her daughter, Mariam Poghosyan (“Mar-iam”), natives and citizens of Armenia, petition for review of the Board of Immigration Appeals’ (“BIA”) denial of their applications for asylum, withholding of removal, and relief under Article III of the U.N. Convention Against Torture (“CAT”). 1 Poghosyan is the lead petitioner, and Mariam’s claim is derivative. We deny the petition.

The BIA’s decision that Poghosyan was ineligible for asylum due to lack of credibility must be upheld if supported by substantial evidence. Soto-Olarte v. Holder, 555 F.3d 1089, 1091 (9th Cir.2009). The same standard of review applies to the BIA’s decision regarding withholding of removal, Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006), as well as CAT. Zheng v. Ashcroft, 332 F.3d 1186, 1193 (9th Cir.2003). The BIA must set forth specific, cogent reasons for an adverse credibility finding. Gui v. INS, 280 F.3d 1217, 1225 (9th Cir.2002). However, disagreement with the BIA’s factual evaluation is insufficient. Aruta v. INS, 80 F.3d 1389, 1393 (9th Cir.1996). Only if the BIA’s reasoning is fatally flawed to the point that “any reasonable…

dissenting:

I respectfully dissent. The IJ’s and BIA’s adverse credibility determinations are not supported by substantial evidence. Soto-Olarte v. Holder, 555 F.3d 1089, 1091 (9th Cir.2009). I would grant the petition for review.

Poghosyan is a Jehovah’s Witness who came to the United States from Armenia in October of 2000. She left behind her only daughter, then a teenager. Before Poghosyan fled Armenia, police officers arrested and detained her on three separate occasions because of her efforts to promote her religion. Each time, the police officers *671 abused Poghosyan physically and verbally. They forced her to sign documents that she was not permitted to read and threatened to prosecute her if she continued preaching about her religion. Each time, Poghosyan’s cousin was forced to pay a bribe to get her released from custody. All of these facts go to the heart of Pogho-syan’s claims for asylum, withholding of removal, or relief under CAT.

However, the IJ and BIA found that Poghosyan was not credible because of minor inconsistencies and omissions in her testimony relating to trivial details. Cf. Chen v. Ashcroft, 362 F.3d 611, 620 (9th Cir.2004). “Indeed, we have…

FILED

NOT FOR PUBLICATION JAN 12 2012

MOLLY C. DWYER, CLERK

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

FOR THE NINTH CIRCUIT

ZARUHI POGHOSYAN and ) No. 07-73555

MARIAM POGHOSYAN, )

) Agency Nos. A79-280-742 Petitioners, ) A95-660-571 ) ) MEMORANDUM * v. ) ) ERIC H. HOLDER Jr., Attorney ) General, ) ) Respondent. ) )

On Petition for Review of an Order of the Board of Immigration Appeals

Submitted January 12, 2012** Pasadena, California

Before: D.W. NELSON and CALLAHAN, Circuit Judges, and

ERICKSON,***

District Judge.

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a)(2). *** The Honorable Ralph R. Ericµson, Chief United States District Judge for the District of North Daµota, sitting by designation. Zaruhi Poghosyan ('Poghosyan') and her daughter,…