Yesayan

Yesayan v. Holder

Good Law
319 F. App'x 608
United States Court of Appeals for the Ninth CircuitMarch 17, 2009No. 04-73732California363 words

Opinion

Lead Opinion

MEMORANDUM *

Ararat Yesayan, a 35-year-old native of Iran and citizen of Armenia, petitions this court for review of a Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an Immigration Judge’s (“IJ”) decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the agency’s denial of Yesayan’s claims on the basis of an adverse credibility finding. Malhi v. INS, 336 F.3d 989, 992 (9th Cir.2003). We deny the petition.

A review of the administrative record shows that the IJ’s adverse credibility determination is supported by substantial evidence. The IJ laid out specific, cogent reasons for why Yesayan’s testimony could not be believed, and gave Yesayan ample opportunity during both the original and remanded hearings to explain the inconsistencies, which Yesayan failed to do. Accordingly, it would be impossible to say that a “reasonable adjudicator would be compelled to conclude to the contrary” as the law requires for a reversal by this Court. 8 U.S.C. § 1252 (b)(4)(B); INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112…

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