Tiratsuyan

Tiratsuyan v. Gonzales

Good Law
126 F. App'x 848
United States Court of Appeals for the Ninth CircuitMarch 29, 2005No. 03-70999California690 words

Opinion

Lead Opinion

MEMORANDUM **

Petitioner Sarkis Tiratsuyan, an Armenian national, conceded removability *850 and sought asylum and withholding of removal, and alternatively requested voluntary departure. The IJ denied relief and the BIA summarily affirmed. Tiratsuyan petitions this court for review, arguing that the IJ’s decision should be reversed because his adverse credibility finding and denial of asylum and withholding of removal were not supported by substantial evidence. He also requests the court to reverse the IJ’s denial of voluntary departure and argues that the BIA’s summary affirmance procedure violated his due process rights. The petition for review is denied.

Adverse credibility determinations are reviewed under the substantial evidence standard. Hoque v. Ashcroft, 367 F.3d 1190, 1194 (9th Cir.2004). Such findings must be supported by “specific” and “cogent” reasons. He v. Ashcroft, 328 F.3d 593, 595 (9th Cir.2003).

The BIA’s decision that an alien has not established eligibility for asylum or withholding of removal is also reviewed under the substantial evidence standard. Njuguna v. Ashcroft, 374 F.3d 765, 769 (9th Cir.2004). The BIA’s determination must be upheld if supported…

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