Babayan

Babayan v. Ashcroft

Good Law
110 F. App'x 43
United States Court of Appeals for the Ninth CircuitSeptember 20, 2004No. 03-71730; Agency No. A75-531-721California303 words

Opinion

Lead Opinion

MEMORANDUM **

Grigor Babayan, a native of Iran and citizen of Armenia, petitions pro se for review of the decision of the Board of Immigration Appeals (“BIA”) affirming the Immigration Judge’s decision denying his application for asylum, withholding of removal and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, Malhi v. INS, 336 F.3d 989, 992 (9th Cir.2003), and we deny the petition for review.

Substantial evidence supports the BIA’s adverse credibility determination. Babayan’s lack of knowledge of the basic tenets of the Jehovah’s Witness faith goes to the heart of his claim that he was persecuted on account of his religious beliefs. See Wang v. INS, 352 F.3d 1250, 1257-58 (9th Cir.2003). The record therefore does not compel the conclusion that Babayan’s testimony was credible. See id. Accordingly, Babayan failed to establish eligibility for asylum or withholding of removal. See Malhi, 336 F.3d at 993 .

Substantial evidence also supports the BIA’s conclusion that Babayan is not entitled to relief under CAT because he did not demonstrate that it is more likely than not that he would be…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.