Papazyan

Papazyan v. Holder

Good Law
490 F. App'x 918
United States Court of Appeals for the Ninth CircuitDecember 21, 2012No. 08-70393California293 words

Opinion

Lead Opinion

MEMORANDUM **

Albert Yenokovich Papazyan petitions for review of a decision of the Board of Immigration Appeals (BIA) affirming an Immigration Judge’s (IJ) denial of his application for asylum, withholding of removal, and relief under the United Nations Convention Against Torture (CAT). Papa-zyan’s wife, Vartush Papazyan, is a derivative applicant. This court has jurisdiction pursuant to 8 U.S.C. § 1252 . We deny the petition.

Where, as here, “the BIA reviews the IJ’s decision for an abuse of discretion,” we review the IJ’s decision. De Leon-Barrios v. I.N.S., 116 F.3d 391 , 393 (9th Cir.1997). We review the IJ’s credibility findings under a substantial evidence standard. Aguilera-Cota v. I.N.S., 914 F.2d 1375, 1381 (9th Cir.1990).

The IJ’s adverse credibility finding was supported by substantial evidence because it was based on material inconsistencies that went to the heart of Papazyan’s asylum claim. See Berroteran-Melendez v. I.N.S., 955 F.2d 1251, 1256 (9th Cir.1992) (holding substantial evidence supported the IJ’s and BIA’s adverse credibility finding where there were material inconsistencies between petitioner’s asylum application and his testimony). Thus, the IJ had…

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