Alikhanova

Alikhanova v. Mukasey

Good Law
302 F. App'x 717
United States Court of Appeals for the Ninth CircuitDecember 5, 2008No. 04-76426California337 words

Opinion

lead Opinion

MEMORANDUM **

Petitioner Susanna Alikhanova, a citizen of Armenia, petitions for review of a decision of the Board of Immigration Appeals (“BIA”), which denied her application for asylum on the basis of an adverse credibility finding. We deny the petition for review.

I

We review for substantial evidence an adverse credibility finding. Rivera v. Mukasey, 508 F.3d 1271, 1274 (9th Cir.2007). Two inconsistencies, both of which go to the heart of Petitioner’s claim, see Ceballos-Castillo v. INS, 904 F.2d 519, 520 (9th Cir.1990), formed a basis for the adverse finding: inconsistencies concerning the year when Alikhanova was baptized and the year when she witnessed the killing of her religious brother. In light of these inconsistencies, substantial evidence supported the adverse credibility determination. Petitioner also argues that the IJ and BIA improperly used her asylum interview testimony in reaching the adverse credibility determination. Because Petitioner did not raise these issues to the BIA, we lack jurisdiction to review them. Barron v. Ashcroft, 358 F.3d 674, 677 (9th Cir.2004) (no jurisdiction over legal claims not presented in administrative proceeding…

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