Gambarian

Gambarian v. Ashcroft

Good Law
101 F. App'x 732
United States Court of Appeals for the Ninth CircuitJune 23, 2004No. 03-70459California340 words

Opinion

Lead Opinion

MEMORANDUM **

Anait Gambarian, a native and citizen of Armenia, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision dismissing her appeal from the Immigration Judge’s (“IJ”) denial of her request for asylum and withholding of removal. Because the transitional rules apply, see Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997), we have jurisdiction under 8 U.S.C. § 1105a(a). We review for substantial evidence, Malhi v. INS, 336 F.3d 989, 992 (9th Cir.2003), and we deny the petition for review.

Although credible testimony may satisfy the asylum applicant’s burden of proof, if the IJ “does not believe the applicant or does not know what to believe, the applicant’s failure to corroborate his testimony can be fatal to his asylum application.” See Sidhu v. INS, 220 F.3d 1085, 1090 (9th Cir.2000). Because the IJ offered specific and cogent reasons for questioning Gambarian’s credibility, and because Gambarian was unable to provide any corroboration for testimony that the IJ found questionable, substantial evidence supports the IJ’s determination that she had not established eligibility for asylum. See id. at 1092 .

Because Gambarian failed to establish eligibility…

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