Vardanyan

Vardanyan v. Gonzales

Good Law
153 F. App'x 459
United States Court of Appeals for the Ninth CircuitNovember 10, 2005No. 04-76579California317 words

Opinion

Lead Opinion

MEMORANDUM **

Harutyan Vardanyan, a native and citizen of Armenia, petitions pro se for review of the Board of Immigration Appeals’ order dismissing his appeal from the Immigration Judge’s (“IJ”) order denying his applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review adverse credibility findings for substantial evidence, Chebchoub v. INS, 257 *460 F.3d 1038, 1042 (9th Cir.2001), and we deny the petition for review.

The record supports the BIA’s determination that the IJ’s adverse credibility determination was not clearly erroneous. The IJ based his decision, in part, on Vardanyan’s failure to describe in his otherwise detailed asylum application, an incident in which he was electrically shocked and in which his shoulder was broken. Because this omission goes to the heart of Vardanyan’s asylum claim, and the IJ was not compelled to believe Vardanyan’s explanation for the omission, substantial evidence supports the adverse credibility finding. See id. at 1043 . Vardanyan also failed to corroborate his testimony regarding this incident with medical documents. See Sidhu…

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.