Avetissova

Avetissova v. Ashcroft

Good Law
93 F. App'x 173
United States Court of Appeals for the Ninth CircuitApril 9, 2004No. 02-74379California269 words

Opinion

Lead Opinion

MEMORANDUM **

Laoura Avetissova petitions for review of a decision by the Board of Immigration Appeals (“BIA”) denying her application for asylum and withholding of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 (a)(1), and we deny the petition for review.

We review the BIA’s denial of asylum for substantial evidence and reverse only if the evidence was such that a reasonable factfinder would be compelled to conclude that the requisite fear of persecution existed. INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992); Chebchoub v. INS, 257 F.3d 1038, 1042 (9th Cir.2001).

The BIA determined that Avetissova lacked credibility and failed to demonstrate eligibility for asylum. This determination is supported by Avetissova’s previous application for asylum, which was materially inconsistent with her later application, and by her own admission that she filed the previous application for an *174 improper purpose. Because the BIA found Avetissova’s testimony incredible, the BIA reasonably took into account the lack of corroborative evidence that she introduced to support her testimony. See Sidhu v. INS, 220 F.3d 1085, 1092 (9th Cir.2000).…

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