Mirzoian

Mirzoian v. Ashcroft

Good Law
91 F. App'x 623
United States Court of Appeals for the Ninth CircuitApril 1, 2004No. 02-72946California379 words

Opinion

Lead Opinion

MEMORANDUM **

Achot Mirzoian, a native and citizen of Armenia, petitions for review of the Board of Immigration Appeals’ (the “BIA”) summary decision affirming the Immigration Judge’s (IJ) denial of his request for asylum and withholding of deportation. We have jurisdiction pursuant to 8 U.S.C. § 1252 , and we deny Mirzoian’s petition.

When the BIA affirms an IJ’s decision without opinion under 8 C.F.R. § 1003.1 (a)(7), we review the IJ’s decision directly. Falcon Carriche v. Ashcroft, 350 F.3d 845, 850 (9th Cir.2003). The IJ determined that Mirzoian failed to establish his eligibility for asylum or withholding of removal, because his testimony was not credible. We review the IJ’s adverse credibility determination for substantial evidence and affirm unless Mirzoian demonstrates that the evidence compels us to conclude that the IJ’s finding was erroneous. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.2003); see also 8 U.S.C. § 1252 (b)(4)(B).

Here, the IJ had “a legitimate articulable basis” to question Mirzoian’s credibility, and offered “specific, cogent reason[s] for any stated disbelief.” Malhi v. INS, 336 F.3d 989, 992 (9th Cir.2003) (internal quotation and citation…

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