Avdalyan

Avdalyan v. Gonzales

Good Law
179 F. App'x 993
United States Court of Appeals for the Ninth CircuitMay 10, 2006No. 04-72800California861 words

Opinion

lead Opinion

MEMORANDUM *

Kamo Avdaiyan, a Pentecostal citizen of Armenia, petitions for review of the BIA’s affirmance of the Immigration Judge’s denial of his applications for asylum, withholding of removal and relief under the Convention Against Torture (CAT). Avdaiyan challenges the IJ’s adverse credibility determination, arguing that it is not supported by substantial evidence. Avdaiyan further contends that the IJ erred in failing to consider independently his CAT claim. We have jurisdiction under 8 U.S.C. § 1252 . We review questions of law de novo, see Vasquez-Zavala v. Ashcroft, 324 F.3d 1105, 1107 (9th Cir.2003), and the BIA’s factual findings for substantial evidence, see Singh v. Ashcroft, 362 F.3d 1164, 1168 (9th Cir.2004). We deny the petition for review in part, grant it in part and remand for further proceedings. The parties are familiar with the facts, so we need not recite them in detail.

Because the BIA summarily affirmed the IJ through its streamlining procedure, we “look through the BIA’s decision to examine the IJ’s reasons for deeming the person not credible.” Bandari v. INS, 227 F.3d 1160, 1165 (9th Cir.2000). Substantial evidence supports the IJ’s adverse credibility…

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