Simonyan

Simonyan v. Holder

Good Law
316 F. App'x 691
United States Court of Appeals for the Ninth CircuitMarch 6, 2009Nos. 05-71499, 07-70133California390 words

Opinion

Lead Opinion

MEMORANDUM **

Hayk Simonyan, a native of the former Soviet Union and citizen of Armenia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order summarily affirming an immigration judge’s (“IJ”) decision denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”), and also petitions for review of the BIA’s order denying his motion to reopen proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252 . Reviewing the IJ’s denial of asylum and withholding for substantial evidence, Singh v. Ashcroft, 367 F.3d 1139, 1143 (9th Cir.2004), and the BIA’s denial of the motion to reopen for abuse of discretion, see Ordonez v. INS, 345 F.3d 777, 782 (9th Cir. 2003), we deny in part and dismiss in part the petition for review in No. 05-71499, and deny the petition for review in No. 07-70133.

Substantial evidence supports the IJ’s adverse credibility determination. The stark inconsistency between Simo-nyan’s asylum application (interrogated for 2 days and set free) and his testimony (interrogated for 3-4 days and imprisoned for 2 years), regarding the same event, was not adequately explained even though he was given a…

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.