Gevorgyan

Gevorgyan v. Holder

Good Law
322 F. App'x 486
United States Court of Appeals for the Ninth CircuitMarch 31, 2009No. 05-72563California274 words

Opinion

Lead Opinion

Karen Roubenovich Gevorgyan, a native of the former Soviet Union, and a citizen of Armenia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review factual findings for substantial evidence, Chebchoub v. INS, 257 F.3d 1038, 1042 (9th Cir.2001), and we dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the determination that Gevorgyan’s application for asylum was untimely because Gevor-gyan’s arrival date is an issue of disputed fact. See 8 U.S.C. § 1158 (a)(3); see also Ramadan v. Gonzales, 479 F.3d 646, 656-57 (9th Cir.2007) (per curiam).

Substantial evidence supports the agency’s adverse credibility finding because the inconsistencies between Gevor-gyan’s testimony and the documentary and other evidence regarding his citizenship go to the heart of his claim. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.2003). Accordingly, Gevorgyan’s withholding of removal claim fails.

Because…

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