Mekertihyan

Mekertihyan v. Gonzales

Good Law
147 F. App'x 702
United States Court of Appeals for the Ninth CircuitOctober 18, 2005No. 04-72829California226 words

Opinion

Lead Opinion

MEMORANDUM **

Anahit Mekertihyan, a native of the former Soviet Union and citizen of Armenia, petitions for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of the Immigration Judge’s (“IJ”) denial of asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 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 deny the petition.

Substantial evidence supports the IJ’s adverse credibility finding. Two key incidences of alleged persecution, concerning a head injury and an attempted sexual assault, were not included in her application. Because these events go to the heart of her claim, substantial evidence supports the adverse credibility finding. See Alvarez-Santos v. INS, 332 F.3d 1245, 1254 (9th Cir.2003). Accordingly, she is not eligible for asylum. See id.

Because Mekertihyan failed to demonstrate that she was eligible for asylum, it follows that she did not satisfy the more *703 stringent standard for withholding of removal. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.2003).…

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