Pogosian

Pogosian v. Ashcroft

Good Law
121 F. App'x 768
United States Court of Appeals for the Ninth CircuitFebruary 14, 2005No. 03-71131; Agency No. A76-357-417California259 words

Opinion

Lead Opinion

MEMORANDUM **

Lamara Pogosian appeals the Board of Immigration Appeals’ (BIA) adverse credibility determination and resulting denial of asylum and withholding. Pogosian alleges that the inconsistencies in her testimony were minor and thus not sufficient to support an adverse credibility determination. Pogosian also alleges that the BIA committed error by not considering sua sponte whether she qualified for protection pursuant to the Convention Against Torture (CAT). We deny the petition, but stay our mandate for 90 days to allow a petition to the BIA with respect to the CAT.

We review the IJ’s decision because the BIA affirmed summarily. See Khup v. Ashcroft, 376 F.3d 898, 902 (9th Cir.2004). The IJ gave a number of legitimate bases for disbelieving Pogosian’s testimony and supported them with specific examples. Pogosian’s account showed internal inconsistencies as to matters that should be easily recalled. Pogosian’s account also conflicted with the country conditions reports in ways that go to the heart of her credibility. Pogosian has not presented any corroborating evidence that could support her account and thereby rehabilitate her credibility.

We stay the mandate for…

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