Avagyan

Avagyan v. Ashcroft

Good Law
109 F. App'x 909
United States Court of Appeals for the Ninth CircuitSeptember 22, 2004No. 03-70431California236 words

Opinion

Lead Opinion

MEMORANDUM **

Suren Avagyan, a native and citizen of Armenia, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision affirming the Immigration Judge’s (“IJ”) denial of his application for asylum and withholding of removal and for relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence an adverse credibility determination, Chebchoub v. INS, 257 F.3d 1038, 1042 (9th Cir.2001), and we deny the petition.

Substantial evidence supports the BIA’s adverse credibility finding because there were inconsistencies between petitioner’s testimony and application and internal inconsistencies in his testimony going to the heart of his asylum claim, including events leading up to his departure and specifically events surrounding his detention, the length of the detention, and his interaction with police. See id. at 1043 (holding that inconsistencies in alien’s testimony about events leading up to his departure supported adverse credibility finding). Because petitioner failed to demonstrate that he was eligible for asylum, it follows that *910 he did not satisfy the more stringent standard for…

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