Torgomyan

MEMORANDUM **

Razmik Torgomyan and Gohar Ayva-zyan, husband and wife, and natives and citizens of Armenia, petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s (“IJ”) decision denying their 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, Shah v. INS, 220 F.3d 1062, 1067 (9th Cir.2000), and we deny the petition for review.

The record does not compel the conclusion that Torgomyan demonstrated extraordinary circumstances to excuse the late filing of his asylum application. See 8 C.F.R. § 1208.4 (a)(5).

Substantial evidence supports the agency’s adverse credibility determination based on the IJ’s demeanor finding, see Singh-Kaur v. INS, 183 F.3d 1147, 1151 (9th Cir.1999) (special deference given to demeanor findings based on non-verbal communication), and based Torgomyan’s vague and implausible testimony about how he discovered the missing fuel, see Chebchoub v. INS, 257 F.3d 1038, 1043 (9th Cir.2001). Because the BIA had reason to question Torgomyan’s credibility, the BIA…