Zagaryan
Zagaryan v. Ashcroft
Opinion
Lead Opinion
MEMORANDUM *
Edmond Avanes Zagaryan (or “Zakarian”), a native and citizen of Armenia, petitions for review of the decision of the Board of Immigration Appeals (“BIA”) denying his application for asylum, withholding of removal, and protection under the Convention Against Torture. Because the BIA summarily affirmed the decision of the Immigration Judge (“IJ”) without an opinion, we review the IJ’s decision as if it were the BIA’s decision. Al-Harbi v. INS, 242 F.3d 882, 887-88 (9th Cir.2001).
I.
The IJ made an adverse credibility determination on the basis of (1) Zagaryaris failure to provide as much detail in his testimony about the beatings and other abuse that he suffered as he had in his asylum application, and (2) the inconsistencies between his testimony and his application with regards to the dates of particular events. We review this adverse credibility finding to determine whether it is supported by substantial evidence. Mejia-Paiz v. INS, 111 F.3d 720 , 723 (9th Cir. 1997).
The record reveals that the omissions and inconsistencies upon which the IJ based his adverse credibility determination are minor discrepancies that do not go to the “heart” of Zagaryaris claim that…