Shvetsov

Shvetsov v. Holder

Good Law
324 F. App'x 678
United States Court of Appeals for the Ninth CircuitApril 29, 2009No. 07-71489California1,144 words

Opinion

Lead Opinion

MEMORANDUM *

Pavel Shvetsov and Julia Sosnovskaya petition for review of the denial of their applications for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). Petitioners argue that the Board of Immigration Appeals (BIA) erred by (1) making an adverse credibility determination based on Shvetsov’s demeanor and (2) requiring corroborating evidence of Shvetsov’s membership in the Jehovah’s Witnesses. The parties are familiar with the facts of this case and we do not repeat them here. We find that the adverse credibility finding is supported by substantial evidence in the record, and therefore deny the petition.

“Considering the totality of the circumstances, and all relevant factors, a trier of fact may base a credibility determination on the demeanor, candor, or responsiveness of the applicant.” 8 U.S.C. § 1158 (b)(1)(B)(iii). We accord “special deference to an IJ’s credibility determination, and will only exercise our power to grant a petition for review when the evidence compels a contrary conclusion.” Kaur v. Gonzales, 418 F.3d 1061, 1064 (9th Cir.2005) (quotation and alteration omitted). Indeed, “the IJ has an opportunity to make a…

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