Hakopian

Hakopian v. Mukasey

Good Law
300 F. App'x 537
United States Court of Appeals for the Ninth CircuitNovember 19, 2008No. 05-72532California328 words

Opinion

lead Opinion

MEMORANDUM **

Margaret Hakopian, a native and citizen of Iran, petitions for review of a Board of Immigration Appeals (“BIA”) order adopting and affirming an Immigration Judge’s (“IJ”) decision denying her claims for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). Hakopian claims she will be persecuted and tortured if removed to Iran because she is an evangelical Christian. The IJ did not err in denying Hakopian’s applications for relief, and we therefore deny her petition for review. 1

The IJ’s adverse credibility finding is supported by substantial evidence. See Kasnecovic v. Gonzales, 400 F.3d 812, 813 (9th Cir.2005). Hakopian’s asylum application, where she described only two incidents of persecution by government agents, conflicted with her oral testimony, where she described an additional incident. This discrepancy goes to the heart of Hakopian’s claim for asylum, which claim is based on a fear of persecution. See Kaur v. Gonzales, 418 F.3d 1061, 1067 (9th Cir. 2005). The IJ gave Hakopian an opportunity to explain this inconsistency, and the IJ addressed Hakopian’s explanation in a “reasoned manner,” noting her inability to explain…

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